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North Carolina State Ubwry 



STATE OF NORTH CAROLINA fy 

FIFTH REPORT 

OF THE 



UTILITIES COMMISSION 



FOR THE 



BIENNIAL PERIOD, 1943-1944 






'A 



NORTH CAROLINA UTILITIES COMMISSION 



Stanley Winborne, Chairman 
Fred C. Hunter Robert Grady Johnson 

Charles Z. Flack, Chief Clerk 

Elsie G. Riddick, Assistant Chief Clerk 

Edgar Womble, Utilities Clerk 

Mary Shaw, Motor Carrier Clerk 

H. M. Nicholson, Director of Traffic 
F. A. Downing, Assistant Director of Traffic 

Reporters 

Mrs. Mattie Lee Simmons 
Rebecca Stevens 

Secretaries 

Sophia P. Busbee 

Elizabeth Hayes 

Annie S. Ramsey 

Mrs. Kay Midyette Hooks 

Mabel K. Blake 

Motor Vehicle Inspectors 

J. C. Bowman 

Broadus Glover 

J. W. Smith 

C. B. Wade 

Virgil A. Wilson 

R. O. Self, former Chief Clerk, retired as of October 15, 1944, 
(at request of the Governor served until December 1, 1944) 



LETTER OF TRANSMITTAL 

October 1, 1944. 

His Excellency, J. Melville Broughton, 
Governor of North Carolina, 
Raleigh, N. C. 

Sir: 

As required by Section 1065, Chapter 21, Consolidated 
Statutes, there is submitted herewith report of the North Caro- 
lina Utilities Commission for the biennium November 1, 1942, 
to October 1, 1944. 

Respectfully submitted, 

Stanley Winborne, Chairman. 
Fred C. Hunter, Commissioner. 
Robert Grady Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 



GENERAL ORDERS 

NORTH CAROLINA UTILITIES COMMISSION 
Raleigh, North Carolina 

General Circular No. 1 

NOTICE TO THE PUBLIC UTILITY INDUSTRY AND THE PUBLIC 
IN GENERAL: 

The North Carolina Utilities Commission desires to announce to the 
Utility Industry that it has allocated initial consideration of matters 
coming before the Commission as follows: 

Conference and Tariffs (Rates) Chairman Stanley Winborne 

Applications, Consolidations, Purchases, 

Sales and Hearings Commissioner Fred C. Hunter 

Transportation Schedule Service, 
Terminal Facilities, Complaints, 

Claims, and Investigations Commissioner Robert G. Johnson 

The Commission in this connection desires to announce the retirement 
of Chief Clerk R. O. Self, and the employment of his successor, Mr. Charles 
Z. Flack of Rutherfordton, N. C, effective October 15, 1944. 
This the 15th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



RULES FOR THE OPERATION OF UNION BUS STATIONS. 

Order Amending Rule 22 

Rule 22 of the rules and regulations for the operation of Union Bus 
Stations established under Order of June 12, 1925, as amended June 6, 1939, 
and amendments thereto, are hereby ordered repealed and stricken out, 
and in lieu thereof the following substituted: 

22 WHEN CARRIERS SHALL HONOR TICKETS OF ONE 
ANOTHER. 

Carriers operating from a common station where tickets are sold to a 
common destination, over the same or different routes, shall honor the 
tickets of one another between said points, and the carrier lifting the same 
shall be reimbursed therefor by the issuing carrier in the amount paid for 
same, less the applicable station charge at point of sale. 

This Order shall be in full force and effect from and after the 10th day 
of October, 1942. 
By order of the Commission, this 20th day of September, 1942. 

R. O. Self, Chief Clerk. 



6 N. C. Utilities Commission 

Since the above Order has been held in abeyance because of litigation 
before the Commission I am directed by Order dated November 23, 1943, 
to change this effective date in the above Order to January 1, 1944. 
By order of the Commission, this 24th day of November, 1943. 

R. O. Self, Chief Clerk. 
Docket No. 1. 



IN THE MATTER OF: 

ORDER OF THE COMMISSION, DATED SEPTEMBER 20, 1942, 
AMENDING RULE 22 OF THE RULES FOR THE OPERATION OF 
UNION BUS STATIONS, ESTABLISHED UNDER ORDER OF 
JUNE 12, 1925, AS AMENDED JUNE 6, 1939, AND AMENDMENTS 
THERETO. 

Order Overruling Exceptions 

This Matter again comes before the Commission upon Exceptions filed 
by the Atlantic Greyhound Corporation, through its attorneys, Bailey, Las- 
siter & Wyatt and J. C. B. Ehringhaus; the Carolina Coach Company, 
through its attorneys, William B. Umpstead and Arch T. Allen; Seashore 
Transportation Company, through its attorney, D. L. Ward; and the Nor- 
folk Southern Bus Corporation, through its attorneys, Simms & Simms, to 
the Order of this Commission, dated 12th day of November, 1942, over- 
ruling the motions heretofore made by said bus companies to vacate said 
Rule 22 of the Commission adopted September 20, 1942. 

The Commission has given full and careful consideration to all of the 
Exceptions filed and to the contention of counsel in support of said Excep- 
tions, and finds no good reason why said Rule should be vacated or changed, 
and 

IT IS NOW THEREFORE ORDERED: 

1st. That each and all of said Exceptions are hereby overruled and 
denied. 

2nd. That the Chief Clerk of this Commission is hereby directed to 
change the effective date of said Rule to January 1, 1944, file 
same with the Secretary of State immediately and furnish copies 
thereof to all of the bus companies in North Carolina. 
This the 23rd day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 
R. 0. Self, Chief Clerk. 

Docket No. 1. 



General Orders 7 

IN THE MATTER OF: 

ORDER OF THE COMMISSION, DATED SEPTEMBER 20, 1942, 
AMENDING RULE 22 OF THE RULES FOR THE OPERATION OF 
UNION BUS STATIONS, ESTABLISHED UNDER ORDER OF JUNE 
12, 1925, AS AMENDED JUNE 6, 1939, AND AMENDMENTS 
THERETO. 

Order 

It having been made to appear to the Commission that the protestants 
of record in the above entitled matter are preparing to appeal from the 
Commission's Order putting into effect amended Rule 22, dated September 
20, 1942, and the Commission being of the opinion that a matter of this 
sort should not be enforced pending litigation as to its validity, 

It Is Now Therefore Ordered, That the effective date of said Rule 22 
is hereby extended for a period of ninety days from January 1, 1944. 

This the first day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission: 

R. 0. Self, Chief Clerk. 
Docket No. 1. 

(Certified to Wake County Superior Court on Appeal.) 

(Appeal taken to N. C. Supreme Court. Commission's Order upheld.) 



IN THE MATTER OF: 

OPERATING UNION BUS STATIONS, M.V.C. CIRCULAR AND GEN- 
ERAL ORDER NO. 79, DATED NOVEMBER 29, 1943. 

Interlocutory Order Denying Motion to Defer Effectiveness of Order 

Pending Appeal. 

Order 

Now comes Arch T. Allen, attorney for the Carolina Coach Company, 
informs the Commission that his client intends to appeal from the Order 
of the Commission, dated November 29, 1943, and moves that the said 
Order, dated November 29, 1943, requiring the operating companies of 
Union Bus Stations, their agents and employees, on and after December 1'5, 
1943, to give full information to the traveling public as to the points and 
places, both intrastate and interstate, served by any and all bus companies 
operating from said Union Bus Stations, be deferred pending an appeal 
and final determination by the courts as to the validity of said Rule and 
Order. 

After due consideration of said motion by the Commission and the rea- 
sons advanced by the movement, the Commission is of the opinion that 
especially at this time when there are so many service men traveling to 
and from remote sections and who are unacquainted with the various bus 



8 N. C. Utilities Commission 

schedules and the points and places served by each that it is highly neces- 
sary that they be given full information as to the schedules and services 
of each bus company in order that they may select the most expeditious 
and advantageous schedules to their destinations, and that their lack of 
information may not be taken advantage of, resulting in their being routed 
over circuitous lines to their destination points. To defer the effective date 
of the Commission's Order until the Order is passed upon by the courts and 
final judgment entered as to its validity would largely nullify the purpose 
for which the Order was made. 

Wherefore the Motion of the Carolina Coach Company to defer the 
effective date of the Order pending appeal is denied. 

This the 14th day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 3031. 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION. 

IN THE MATTER OF GENERAL ORDER NO. 79, OPERATION OF 
UNION BUS STATIONS. 

Order Overruling Motion, Demurrer and Exceptions 

The Order herein, dated November 29, 1943, was mailed to sixty-four 
franchise carriers and to managers of fifty-three bus stations on December 
1, 1943. On December 9, 1943, the Atlantic Greyhound Corporation, by 
motion to dismiss, and the Carolina Coach Company, by demurrer and ex- 
ceptions, challenged the validity of said order upon the following alleged 
grounds : 

(1) That it was issued without notice or an opportunity to be heard in 
violation of State and Federal constitutional guarantees of due process 
of law. 

(2) That it purports to regulate interstate commerce. 

(3) That it impairs the obligation of contracts existing between carriers 
with respect to the operation of union bus stations in violation of State 
and Federal constitutions. 

The order in quesion is an administrative rule or regulation, made in 
the exercise of police powers delegated to the Commission. It is a general 
order which runs against and affects all carriers engaged in the practices 
therein described, and is entirely harmless to carriers not offending in the 
respects mentioned. It has for its authority the positive mandates of the 
Bus Act, Chapter 136, Public Laws of 1927, as amended, and particularly 
the following sections thereof: 

"Sec. 7. Regulatory Powers of Commission. That the Commission 
is hereby vested with power and authority to supervise and regulate 
every motor vehicle carrier under this act; to make or approve the 
rates, fares, charges, classifications, rules and regulations for service 



General Orders 9 

and safety of operation and the checking: of baggage of each such 
motor vehicle carrier; to supervise the operation of union passenger 
stations in any manner necessary to promote harmony among the 
operators and efficiency of service to the traveling public; to fix and 
prescribe the speed limit, which may be less but shall not be greater 
than that prescribed by law; to regulate the accounts and to require 
the filing- of annual and other reports and of other data by such motor 
carriers; to require the increase of equipment capacity to meet public 
convenience and necessity, and to supervise and regulate motor vehicle 
carriers in all other matters affecting the relationship between such 
carriers and the traveling and shipping public. The Commission shall 
have power and authority, by general order or otherwise, to prescribe 
rules and regulations applicable to any and all motor vehicle carriers, 
and the said Commission is authorized, directed and empowered, 
whenever the public convenience and necessity may require, to in- 
crease, or decrease, or suspend temporarily the service upon any 
route, for which a franchise certificate has been issued; and is hereby 
authorized, empowered, and directed to see that such rules and regula- 
tions and all, and singularly, the provisions of this act are enforced." 
"Sec. 11. Depots and Statio?is. That the Commission shall designate 
the towns and cities in which stations shall be maintained by passenger 
carriers and shall prescribe the rules and regulations under which 
the expense shall be borne by the respective carriers using such sta- 
tions, and may prescribe rules and regulations governing the mainte- 
nance and operation thereof.'" 

If notice, other than the order itself, is a prerequisite to its validity, the 
protesting carriers cannot be inadvertent to the fact that said order arises 
out of a formal complaint in Docket No. 3011, a copy of which was mailed 
to both the Carolina Coach Company and the Atlantic Greyhound Corpora- 
tion. Both carriers appeared at the hearing thereon on November 18, 1943, 
were fully advised as to the practice of refusing to give the traveling public 
impartial information at the Raleigh union bus station to which said 
complaint related, and were given full opportunity to be heard, as the 
record therein will show. As a result of said hearing, the Commission issued 
a general order, expressly authorized by the act, directed to all carriers 
and to all bus station managers. 

The contention that the order is an unlawful interference with inter- 
state commerce is not supported by the decisions of either State or Federal 
courts, both of which recognize reasonable police regulations made by State 
administrative agencies. Corporation Commission vs. R. R. 151 N. C. 447, 
p. 453. 

Neither is the contention that the order impairs the obligation of con- 
tract supported by decisions of State or Federal courts. To the extent that 
carriers may have attempted to contract against the public interest their 
contracts cannot be enforced. See In Re Utilities Co., 179 N. C. 151, at 160, 
quoting from the decision in R. R. vs. Goldsboro, 232 U. S. 548 as follows: 

"For it is settled that neither the contract clause nor the due process 
has the effect of overruling the police power of the State to establish 
all regulations that are reasonably necessary to secure the health, 
safety, good order, comfort, or general welfare of the community; 
that this power can neither be abdicated nor bargained away, and is 
inalienable even by express grant, and that all contract and property 
rights are held subject to its fair exercise." 

It should be observed that motor vehicle franchise carriers enjoy rights 
and privileges not given to the public in general, including a very large 



10 N. C. Utilities Commission 

measure of protection against competition and the right to appropriate 
the public highways of the State for the transportation of passengers for 
compensation. These rights and privileges are gratuities from the State, 
given subject to the right of the State to supervise and regulate the service 
given as the interest of the public may require. The right to make rules 
and regulations for this purpose is a quasi legislative power which has 
been expressly delegated to the Utilities Commission as an administrative 
agency of the State. The power and the responsibility of making such 
rules and regulations has not been divided between the Commission and 
the carriers placed under its supervision and control. Until the Legislature 
or the courts otherwise direct, the Commission must make and enforce such 
rules and regulations for the protection of the traveling public as carriers 
by their conduct make necessary, and summarily upon its own motion when 
exigencies so require. 

It Is, Therefore, Ordered that the motion filed by the Atlantic Grey- 
hound Corporation to dismiss General Order No. 79, and the demurrer and 
exceptions filed thereto by the Carolina Coach Company, be, and the same 
are hereby, overruled. 

This the 25th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3031. 

(Certified to Wake County Superior Court on Appeal.) 

(Appeal taken to N. C. Supreme Court. Commission's Order upheld.) 

IN THE MATTER OF HEAT ON BUSES 

Order 

The Commission has communicated on several occasions recently with 
the motor vehicle passenger carriers to the effect that severe cold weather 
was approaching and for them to make sure that they had the heating 
equipment on the buses in such condition that it would meet the require- 
ments of Rule No. 36 of the Commission's Rules and Regulations published 
in pamphlet form and circulated to the industry on numerous occasions, in 
addition to calling specific attention by letter. Rule No. 36 is as follows : 

"Heating System. All passenger carrying vehicles shall be equipped 
with a suitable heating system sufficient to keep the same reasonably 
comfortable for its passengers and shall be kept in such repair that 
fumes therefrom shall not escape into the passenger compartment." 

Considerable complaints have been received recently from passengers suf- 
fering from cold after riding on buses between points within the State; 
and it being the policy of the Commission to see that its rules are reason- 
ably complied with for the comfort of the traveling public, 

It Is, Therefore, Ordered, That all franchise motor vehicle carriers of 
passengers operating buses without heating equipment meeting the speci- 



General Orders 11 

fications of said Rule No. 36 are hereby directed to appear before this 
Commission in its office in the City of Raleigh at two o'clock P. M., on 
Monday, January 10, 1944, and show cause, if any, why such buses as do 
not have heating equipment in accordance with Rule No. 36 shall not be 
taken out of service until repaired. 

It Is Further Ordered, That each carrier upon receipt of this order 
immediately report the number of buses in operation without heaters in 
proper working condition. 

This 30th day of December, 1943. 

Stanley Win borne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3046. 

M. V. C. CIRCULARS. 

M. V. C. Circular No. 74. 
November 12, 1942. 

TO ALL MOTOR VEHICLE PASSENGER AND FREIGHT CARRIERS : 

License tags for the year 1943 will go on sale December 1, 1942. We are 
enclosing Description of Equipment forms for your use in making appli- 
cation to this office for necessary authority to purchase them. 

1. Please prepare four copies of list of your equipment on the forms en- 
closed in order that you may procure your tags without unnecessary delay. 

2. Please see that each vehicle is completely and accurately described 
on your list of equipment. 

3. Tags cannot be authorized unless public liability and property damage 
insurance is on file in this office. 

4. List your trailers in the same manner as your trucks and tractors are 
listed. 

The Motor Vehicle Carrier Act provides for the collection of a fee of 
twenty-five cents for each motor vehicle or trailer re-registered and a fee 
of one dollar for new registration; therefore, make your check for this 
fee payable to the North Carolina Utilities Commission. 

If you operated on tags authorized by this Commission this year, please 
make your application for 1943 tags direct to this office, and not the De- 
partment of Motor Vehicles. 

Please bear in mind the importance of your making four copies of your 
description of equipment. 

Respectfully, 

R. 0. Self, Chief Clerk. 
M. V. Circular No. 75. 
June 3, 1943. 



12 N. C. Utilities Commission 

TO ALL MOTOR VEHICLE PASSENGER AND FREIGHT CARRIERS: 

The Commission has for some time had a very liberal rule with reference 
to the hours of service of drivers as follows: 

Rule 66. (a) Hours of Service. No carrier subject to these rules and 
regulations shall permit or require a driver in his employ to drive or 
operate a motor vehicle for more than ten hours in the aggregate in 
any period of 24 consecutive hours, unless such driver be off duty for 
eight consecutive hours during or immediately following the 10 hours 
aggregate driving and within said 24 consecutive hours — the 24-hour 
period to begin at the time driver reports for duty; provided, however, 
that carriers operating vehicles on every day of the week may permit 
drivers in their employ to remain on duty for a total of not more than 
70 hours in any period of 192 consecutive hours; provided, further, 
that two periods of resting or sleeping in a truck berth may be cumu- 
lated to give the aforesaid total of eight hours off duty. 

(b) This rule shall apply to owner-drivers. 

(c) Each driver shall keep a log showing the place of origin and 
destination of each trip, the times of reporting for and going off duty, 
the periods of driving and other work. 

(d) Logs kept under the Interstate Commerce Commission rules 
may be in lieu of this requirement. 

(e) In case of flood, storm, accident, or similar emergency, a driver 
may complete his run without being in violation of the provisions of 
these regulations, if such run would reasonably have been completed 
without violation except for the delay caused by such emergency. 

It was upon the strength of this rule and the power of the Commission 
to promulgate such rules that the North Carolina Legislature, session of 
1937, enaced that part of Section 3 of Chapter 409, Public Laws of 1937, 
known as the Hours of Labor Act, as follows: 

"Provided further that nothing in this section or in any other pro- 
vision of this Act shall apply to railroad common carriers and public- 
utilities subject to the jurisdiction of the Interstate Commerce Com- 
mission or to the North Carolina Utilities Commission . . . ." 

This Commission is now advised by its Inspectors and Field Representa- 
tives that information has come to them which leads them to believe that 
Rule 66 of our Rules and Regulations with reference to such hours is not 
being complied with and that it is possible that these violations are not 
only known to some of the carriers, but are being abetted by the drivers 
themselves, and in some instances drivers are being required to work over- 
time and are reluctant to object for fear of the loss of their jobs. 

Section 16 of the Motor Carrier Act provides penalties for violations 
as follows : 

Violations. That every corporation and every officer, agent or em- 
ployee of any corporation, and every other person who willfully vio- 
lates or fails to comply with, or who procures, aids or abets the viola- 
tion of any provision of this Act, or who fails to obey, observe or com- 
ply with any order, decision, rule or regulation, direction or require- 
ment of the Commission, made under the provisions of this Act, or 
any part or provision thereof, or who operates any motor vehicle for 
the transportation of persons or property for compensation while under 
the influence of intoxicating liquors or drugs or in such a reckless 
manner or at such rate of speed as would endanger the safety of the 
passengers or any other person along such highway, shall be guilty 
of a misdemeanor, and upon conviction shall be punishable by fine of 



General Orders 13 

not less than fifty dollars nor more than five hundred dollars, or im- 
prisonment, in the discretion of the court, or both fine and imprison- 
ment, in the discretion of the court. 

The Commission's Rule 69 was promulgated under the above Section and 

is as follows: 

Rule 69. Penalties. Failure to comply with any one or more of the 
above requirements, or in any way to fail or neglect to comply with 
the Act or rules or regulations adopted by any constituted authority 
under the Act, may be deemed sufficient cause for the Commission to 
revoke or cancel the franchise certificate of a motor vehicle carrier 
or the driver's permit of the violator, as the case may be. 

This Circular is being issued for the purpose of acquainting carriers, 
officers, agents, and employees with the law, rules and regulations and 
penalties for failure to comply with same by not keeping a correct record 
and working overtime in violation of Rule 66, and the corporations, officers, 
agents, and employees referred to herein are expected to comply with the 
law and the rules made thereunder or be subjected to penalties provided 
in the law for cases where the Commission finds that said law and rules 
are willfully violated. 

Issued at the office of, and by order of, the North Carolina Utilities Com- 
mission in Raleigh, North Carolina, June 3, 1943. 

R. O. Self, Chief Clerk. 



M. V. Circular No. 76. 

IN RE: ORDER RESERVING BUS STATION LOADING PLATFORMS 
AND DRIVEWAYS FOR LOADING AND UNLOADING ONLY. 

Order 

The War Emergency has caused such congestion at bus stations that 
it is necessary to conserve all space for loading and unloading buses ar- 
riving and leaving on schedule. The emergency has also created such a 
demand for vehicles that it has become customary in several places to 
service such vehicles at stations between schedules; therefore, it is 

Ordered, (1) That no buses be serviced while standing at loading plat- 
form. 

(2) That station managers prohibit taxicabs from driving on or using 
space used for parking buses for loading and unloading. 

(3) That a copy of this Order be furnished to all carriers and station 
agents. 



This 30th day of June, 1943. 



By Order of the Commission : 
R. O. Self, Chief Clerk. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



14 N. C. Utilities Commission 

M. V. C. No. 77. 
November 12, 1943. 

TO ALL MOTOR VEHICLE PASSENGER AND FREIGHT CARRIERS: 

License tags for the year 1944 will go on sale December 1, 1943. We 
are enclosing Description of Equipment forms for your use in making 
application to this office for necessary authority to purchase them. Please 
comply with the following instructions in order that you may get this 
authority without delay. 

1. Prepare Four Copies of list of your equipment on the forms enclosed. 

2. See that each vehicle is completely and accurately described on your 
list of equipment. 

3. Tags Cannot Be Authorized unless public liability and property 
damage insurance is on file in this office. 

4. List your trailers in the same manner as your trucks and tractors 
are listed. 

5. Make your application for authorization of license to this office, for 
the equipment you expect to operate, and not the Department of Motor 
Vehicles. 

The Motor Vehicle Carrier Act provides for the collection of a fee of 
25c for each truck, tractor or trailer re-registered, and a fee of $1.00 for 
each new registration; therefore, make your check for this fee payable to 
the North Carolina Utilities Commission. 

Please bear in mind the importance of your making Four Copies of your 
description of equipment. 

Respectfully, 

R. 0. Self, Chief Clerk. 

M. V. C. No. 78. 
November 24, 1943. 

TO ALL COMPANIES OPERATING BUS PASSENGER TRANSPOR- 
TATION: 

This will call your attention to Rule 36 of the Commission which pro- 
vides that: 

"All passenger carrying vehicles shall be equipped with a suitable 
heating system sufficient to keep the same reasonably comfortable for 
its passengers and shall be kept in such repair that fumes therefrom 
shall not escape into the passenger compartment." 

Our Inspectors have reported to us that a great number of passenger 
carrying vehicles are not equipped with a heating system. If these vehicles 
are not provided with the proper heating equipment we shall cause such 
vehicles to be grounded when caught operating in severe weather. 

By Order of the Commission. 
This 24th day of November, 1943. 

R. 0. Self, Chief Clerk. 



General Orders 15 



M. V. C. Circular and 
General Order No. 79. 



IN THE MATTER OF OPERATION OF UNION BUS STATIONS. 

Whereas, it has come to the attention of the Commission that agents in 
charge of certain union bus stations in North Carolina, acting" under the 
instructions of carriers having supervision and control over the manage- 
ment and operation thereof, refuse to properly, timely and impartially 
inform prospective passengers of the arrival and departure of buses, fares, 
schedules, routes, connections and destinations of all carriers using the 
facilities of such union bus stations, particularly with respect to the opera- 
tions to points outside of the State, and further refuse to sell tickets of all 
carriers to points served by them outside of the State, while furnishing 
such information and selling interstate tickets of certain carriers using 
said union bus stations, and 

Whereas, the aforesaid practice of refusing to furnish like information 
with respect to the operations of all carriers and refusing to sell the tickets 
of all carriers to the points served by them has provoked serious contro- 
versies between carriers using the facilities of union bus stations, tends to 
destroy the usefulness of such stations, is inimical to the motor vehicle 
transportation system of the State, is against the public interest, and is 
misleading to prospective passengers seeking information as to available 
transportation service to points within and without the State, and 

Whereas, the Commission is of the opinion that prospective passengers 
are entitled, as a matter of right, to all available information with respect 
to the operations of all carriers using union bus stations, and that the in- 
tentional failure on the part of carriers, their agents and servants, to 
properly inform and serve the traveling public in the respects mentioned 
is an abuse of the rights and privileges of carriers using the public high- 
ways of the State. 

It Is, Therefore, Ordered by the Commission: 

1. That all carriers holding franchise certificates issued by the North 
Carolina Utilities Commission for the transportation of passengers and 
exercising supervision or control over any union bus station in North 
Carolina, their agents, servants and employees, and every manager, in- 
formation clerk, or agent of any union bus station in North Carolina whose 
duty is to inform the traveling public with respect to the arrival and de- 
parture of buses, fares, schedules, routes, connections and destinations of 
carriers, shall properly, timely and impartially furnish such information 
with respect to all carriers using such union bus stations and with like 
impartial information as to both interstate and intrastate operations of all 
carriers, and said carriers and station managers shall instruct all agents 
in charge of ticket sales to sell tickets of all carriers to all points served 
by them, both within and without the State, according to the choice of 
passengers upon the information furnished as herein directed; that the 
general traffic manager of each carrier having control of any union bus 
station by contract, lease or otherwise, shall fully advise all station em- 
ployees as to the provisions of this paragraph and shall require compliance 
therewith. 



I **•♦* 



16 



N. C. Utilities Commission 



2. That a copy of this Order be mailed to all carriers operating in and 
out of union bus stations in North Carolina, and to the managers of all 
such union bus stations. 

3. That this Order shall be in full force and effect from and after the 
±5th day of December, 1943. 

This 29th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

M. V. C. No. 80. 
May 12, 1944. 



SUBJECT: EMBARGOES. 



TO ALL CARRIERS OF FREIGHT AND EXPRESS: 

Your attention is called to the fact that some carriers have endeavored 
to extend embargoes on intrastate traffic at various places against receipt 
of goods from certain lines, or receipt of certain classes of shipments 
destined to points on or beyond their lines. 

The Commission advises that no carrier holding a franchise certificate 
has the right to issue an embargo on intrastate traffic against any carrier 
or any goods except upon application to, and approval by, this Commission. 

A franchise certificate grants certain rights and the rights so granted 
therein presuppose a service to be rendered, and any embargo establishes 
a condition which the carrier does not have the right to impose; therefore, 
where the carrier desires to embargo any shipments, application must be 
made to this office for approval, and then the Commission will pass upon 
the necessity therefor. 

The procedure to be followed in connection with an embargo will be for 
the carrier desiring to establish same to notify the Commission in a letter, 
sending a copy of said letter to any and all carriers affected, after which 
the carriers receiving such notice shall have three days within which to 
advise the proponent and the Commission of their attitude thereon, after 
which the Commission will notify all parties to the proceeding if it desires 
to hold a public hearing thereon. 

All carriers are requested to take due notice of the foregoing and be 
governed accordingly. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 



North CarofcM State Library 



General Orders IT 

M. V. C. No. 81. 

Aug-. 1. 1944. 

SUBJECT: UNAUTHORIZED OPERATIONS. 
TO ALL CERTIFIED CARRIERS OF FREIGHT BY MOTOR VEHICLE: 

Informal complaints have been made to the Commission to the effect that 
certain certificated motor vehicle carriers, both interstate and intrastate, 
are transporting intrastate shipments over highways and between points 
not included in their respective intrastate franchise certificates. This prac- 
tice is unlawful, tends to destroy the morale and disrupt the transporta- 
tion system of the State, is unfair to law-abiding carriers, and must cease 
immediately. It should be understood that neither an interstate certificate 
from the Interstate Commerce Commission nor an IS (interstate) tag 
from the State of North Carolina gives the carrier any right to transport 
an intrastate shipment over any highway. That right can only rise from 
an express grant by the Utilities Commission and must appear in the 
carrier's intrastate franchise certificate. 

It is the fixed purpose of the Commission to see that all illegal and un- 
authorized operations in North Carolina cease. All carriers handling in- 
trastate freight should immediately review their respective intrastate 
franchise certificates and be governed accordingly. 

By Order of the Commission. 

R. 0. Sele. Chief Clerk. 

SPECIAL ATTENTION: ACKNOWLEDGE RECEIPT OF THIS 

WITHOUT FAIL. 



RAILROAD CIRCULARS. 

Supplement No. 2 to Circular No. 304 
Cancels Circular No. 304. 

THE NORTH CAROLINA UTILITIES COMMISSION. 
RALEIGH. 

Stanley Winboene. Chairman 
Fred C. Hunter. Commissionpr 
R. G. Johnson. Commissioner. 

R. 0. Self. Chief Clerk. H. M. Nicholson. Director 

- Trarne. 

MAXIMUM FREIGHT RATES 

ON 

TILE. VIZ: 

Tile, roofing: tile ridge roofing or border roofing, straight or mixed. 

carload minimum weight 30.000 pounds. 
Tile, building or roofing, reinforced concrete (building or roofing slabs ), 

solid without glass insertions, carload minimum weight 50.000 pounds. 



rwWiJ ft** MlbwD rite*! 

18 N. C. Utilities Commission 

CANCELLATION 

In accordance with the Commission's Order in Docket No. 648, dated 
August 18, 1943, all provisions contained in Circular No. 304, as amended 
are hereby cancelled. 

Issued August 18, 1943. 

Effective August 18, 1943. By Order of the Commission. 

R. O. Self, Chief Clerk. 



Supplement No. 4 to Circular No. 334 
Cancels Circular No. 334. 

THE NORTH CAROLINA UTILITIES COMMISSION, 
RALEIGH. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. H. M. Nicholson, Director 

of Traffic. 

MAXIMUM FREIGHT RATES ON 
CONCRETE PRODUCTS, VIZ: 

Flue Lining, Carload, Minimum Weight 30,000 pounds. 

Flue Pipe, Flue Tops or Chimney Caps, Straight or Mixed Carloads, 

Minimum Weight 26,000 pounds. 
Pipe, Sewer or Culvert, and Fittings, Straight or Mixed Carloads, 

Minimum Weight 26,000 pounds. 
Wall Coping, Carload, Minimum Weight 26,000 pounds. 
Thimbles, Chimney or Stove Pipe, Carload Minimum Weight 26,000 

pounds. 
Tile, Drain, Carload, Minimum Weight 26,000 pounds. 

CANCELLATION 

In accordance with the Commission's Order in Docket No. 648, dated 
August 18, 1943, all provisions contained in Circular No. 334, as amended 
are hereby cancelled. 

Issued August 18, 1943. 

Effective August 18, 1943. By Order of the Commission. 

R. O. Self, Chief Clerk. 



General Orders 19 

Supplement No. 1 to 
Circular No. 366. 

STATE OF NORTH CAROLINA UTILITIES COMMISSION, 
RALEIGH. 

Fred C. Hunter Stanley Winborne Robert Grady Johnson 

Commissioner Chairman Commissioner 

R. 0. Self Elsie G. Riddick 

Chief Clerk Assistant Chief Clerk 

H. M. Nicholson 

Director of Traffic 

MAXIMUM FREIGHT RATES 
ON 

Chert; Cinders; Clay Gravel; Gravel; Limestone Sludge; Marl; Oyster 
Shell Dust; Rubble Stone; Sand; Slag; Stone, Limestone, Granite, or 
Marble, broken, crushed, granulated, ground or pulverized, and Stone Dust 
or Screenings. 

AMEND NOTE 1 TO READ AS FOLLOWS: 

Note 1 — Rates will not apply on the following articles (whether or not 
broken, granulated, ground or pulverized) : 
Bituminous rock, bituminous asphalt rock, asphaltic limestone, asphal- 

tic sandstone, phosphate rock, or gypsum; 
Open-hearth basic slag, or basic phosphate slag; 

(a) Sand, which Jias been processed (beyond washing and screening) 
for declorizing, filtering or water softening purposes. 
Silica (silex), tripoli or silica sand, powdered or pulverized to such 

fineness that 90% or more will pass through a 100 mesh screen (100 

openings to the inch). 
Slag granules; 
Slate; 

Stone chips or granules (roofing granules) ; or 
Terrazzo material, 
(a) Addition. 

Issued January 12, 1943. By Order of the Commission. 

Effective February 1, 1943. R. O. Self, Chief Clerk. 

(Docket No. 1545.) 



RULE OF PRACTICE AND PROCEDURE NO. 12, PARA. 8 AND 9: 

8. Petition for vacation, reversal or modification of orders. If any 
order of the Commission is sought to be vacated, reversed, or modified 
by reason of matters which have arisen since the hearing, or of con- 
sequences which would result from compliance therewith, the matters 
relied upon by the petitioner must be fully set forth in the petition. 
If vacation, reversal, or modification of any order is sought for the 



20 N. C. Utilities Commission 

purpose of permitting the publication and filing of rates, fares, 
charges, classifications, regulations, or practices other than those re- 
quired by the order, the application should show clearly and with such 
particularity as is practicable the reasons or conditions relied upon 
as a basis for the application, and the changes proposed. 

9. Notice of proposed changes. The foregoing rules shall not be 
construed as requiring transportation companies to petition the Com- 
mission for authority to make changes in rates, ratings, routing, rules 
and regulations, resulting in reductions, but written notice in tripli- 
cate of intention to make changes resulting in either increases or 
reductions shall be filed with the Commission. 

A proceeding in which the Supreme Court upheld the lawfulness of para- 
graphs 8 and 9, Rule No. 12, was decided in May, 1944, and reported at 
224 N. C. 283. 

An order of June 12, 1939, in Docket No. 1239, fixed the maximum rates 
for the transportation of pulpwood in carloads at the level of the so-called 
Roanoke Rapids scale plus 5 per cent. Later, by tariff supplement dated 
to become effective July 10, 1942, a carrier sought to establish rates in 
excess of the maximum level fixed by the order of June 12, 1939, Docket 
No. 1239. Rather than reject the proffered tariff supplement which sought 
to establish the excess rate, the Commission suspended operation of said 
supplement under the provisions of G. S. 62-125, which statute provides for 
concluding an investigation thereunder within one hundred and eighty 
days beyond the proposed effective date of the increase. However, the car- 
rier in this instance voluntarily waived the time limitation until after ex- 
piration thereof, then and thereupon despite existence of a maximum rate 
order and express voluntary waiver of the time limitation, the carrier as- 
serted a right under G. S. 62-125, to the higher proposed rates. 

The Commission held the carrier liable to prosecution under the penalty 
statute G. S. 62-142, and the carrier appealed the Commission's order to 
Wake County Superior Court, the judgment of which court sustaining the 
Commission was appealed from by the carrier to the Supreme Court, the 
latter court in affirming the lower court, found and held as follows: 

"The Commission upheld its rule wherein it was prescribed that if 
vacation or modification of an existing order was sought for the pur- 
pose of permitting the filing of rates other than those in effect, it should 
be by petition, or written notice in triplicate setting out the reasons 
and conditions relied on as a basis for the changes proposed .... 

We think the Commission's order, duly entered without objection in 
a proceeding to which defendant was a party, was binding upon the 
defendant, and that it could not thereafter, without proceeding with 
the investigation it had by its action called for, begin all over again 
by filing subsequent tariffs of the same tenor with respect to the same 
commodity. Hence the order of the Commission that the defendant 
be required to correct its last published tariff so that the rates 'sought 
to be altered shall not be changed by any subsequent tariff or schedule, 
until this investigation and suspension proceeding has been disposed 
of,' must be upheld. . . . 

... it would seem that the requirement of the statute (G. S. 62-126) 
that the thirty days' notice of an increase in rates to be given the 
Utilities Commission properly may be implemented by rule of the 
Commission requiring that the notice be in writing in triplicate." 



DECISIONS AND ADJUSTMENTS OF COMPLAINTS 
Electric Light and Power Companies 

CAROLINA POWER AND LIGHT COMPANY. 

IN THE MATTER OF REVISION OF SCHEDULE P-31 AND WITH- 
DRAWAL OF SCHEDULE P-42. 

Order 

In this case the Carolina Power & Light Company submits for approval 
a revision of Schedule P-31, Seasonal Cotton Gin Service, and requests 
withdrawal of Schedule P-42, High Load Factor Industrial Service. 

As the proposed revision of Schedule P-31 is in the interest of customers 
served thereunder and as the Company serves no customers under Schedule 
P-42, therefore 

It Is Ordered: 

The Carolina Power & Light Company put into effect Schedule P-31 A, 
attached hereto and made a part of this order, which shall supersede 
Schedule P-31 and be applicable to bills rendered on and after May 1, 
1943. 

It Is Further Ordered: 

That Schedule P-42 is hereby cancelled and withdrawn effective April 
20, 1943. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 19th day of April, 1943. 



Attest : 

R. O. Self, Chief Clerk. 
Docket Nos. 1493, 2099 and 2134. 



CAROLINA POWER & LIGHT COMPANY AMENDMENT TO RULES 
AND REGULATIONS. 

TO: CAROLINA POWER & LIGHT COMPANY, RALEIGH, NORTH 
CAROLINA. 

Whereas, Carolina Power & Light Company, pursuant to negotiations 
with the Commission, has requested that it be allowed to amend its "Rules 
and Regulations Governing the Furnishing and Use of Power Service" 
and its "Rules and Regulations Governing Electric Service Other Than 
Power Service"; and 

Whereas, it appears to the Commission that the proposed amendments 
will be in the public interest and in the interest of the Company and its 
customers in that the Company will be enabled to conserve the rubber and 
gasoline supply and reduce generally the uses of automotive equipment, 
the need for which is occasioned by the present war effort; 



22 N. C. Utilities Commission 

Now, Therefore, It Is Ordered, Adjudged and Decreed: 

(1) That the "Rules and Regulations Governing the Furnishing and Use 
of Power Service" of the Carolina Power & Light Company, as are now 
on file with the Commission, be and the same are hereby amended by 
striking out Paragraph (c) of Section 7 of said Rules and Regulations 
and inserting in lieu thereof the following: 

"(c) Adjustment of Bills for Meter Error or Meter Stoppage: 

If a meter is found to register in error or fails to register, the bills 
for the service rendered shall be adjusted for the period of known 
error or failure, but not in excess of sixty (60) days prior to the time 
the meter was adjusted or replaced, except in the event that the 
regular reading interval is in excess of one month and then the sixty 
(60) days period of adjustment shall be extended to not in excess of 
one monthly period prior to the previous regular meter reading date. 
When the error of the meter is known the bills shall be adjusted on 
the basis of the known error. When the error of the meter is not 
known or when the meter fails to register, the bill shall be adjusted 
upon the basis of actual known operating conditions or, in lieu thereof, 
upon the average of the monthly billing period immediately preceding 
the period to be adjusted and the period of approximately thirty days 
immediately following the adjustment or replacement of the meter." 

(2) That said "Rules and Regulations Governing the Furnishing and 
Use of Power Service" of Carolina Power & Light Company, be and the 
same are hereby further amended by striking out Paragraph (a) of Sec- 
tion 8 of said Rules and Regulations and inserting in lieu thereof the fol- 
lowing: 

"(a) Billing Period: 

The Company's meters will be read as nearly as possible at regular 
intervals determined by the Company and the terms 'Month' and 
'Monthly' as used in its rate schedules shall refer to an average period 
which is taken as 30 days. The non-receipt or the delayed receipt of 
any bill by a customer shall not release or diminish the obligation of 
the customer with respect to the payment for service. 

(1) Monthly Intervals: 

When the" Company's meters are read at regular monthly intervals, 
the bills will be computed under the rate schedule as 'Monthly' bills, 
unless the period covered is less than 27 days or more than 33 days, 
and in either event, the monthly provisions of the respective rate 
schedules shall be applied, in determining the amount due, on the 
basis of the ratio of the number of days covered by the bill to the 30 
days average period. 

(2) Intervals in Excess of One Month: 

When the Company's meters are read at regular intervals covering 
a period in excess of one month the KWH readings shall be estimated 
for each intervening monthly period, except the last, on the basis of 
the average monthly consumption used during the preceding regular 
reading period. The maximum demand for each intervening monthly 
period, except the last, shall be estimated to be ninety per cent (90%) 
of the maximum demand obtained during the preceding regular read- 
ing period. The respective rate schedule will be applied to the KWH 
and KW thus obtained. The last monthly period shall be considered 
as a regular Monthly Interval and billed accordingly. 



Decisions and Adjustments of Complaints 23 

(3) That the "Rules and Regulations Governing- Electric Service Other 
Than Power Service" of Carolina Power & Light Company, as now on 
file with the Commission, be and the same are hereby amended by striking 
out Section 3 of said Rules and Regulations and inserting in lieu thereof 
the following: 

"3. Adjustment of Bills for Meter Error or Meter Stoppage: 

If a meter is found to register in error or fails to register, the bills 
for the service rendered shall be adjusted for the period of known 
error or failure, but not in excess of sixty (60) days prior to the time 
the meter was adjusted or replaced, except in the event that the 
regular reading interval is in excess of one month and then the sixty 
(60) days period of adjustment shall be extended to not in excess of 
one monthly period prior to the previous regular meter reading date. 
When the error of the meter is known the bills shall be adjusted on 
the basis of the known error. When the error of the meter is not 
known or when the meter fails to register, the bill shall be adjusted 
upon the basis of actual known operating conditions or, in lieu thereof, 
upon the average of the monthly billing period immediately preceding 
the period to be adjusted and the period of approximately thirty days 
immediately following the adjustment or replacement of the meter." 

(4) That said "Rules and Regulations Governing Electric Service Other 
Than Power Service," be and the same are hereby further amended by 
adding a new section thereto which shall be "Section 16," and shall read 
as follows: 

"16. Billing Period: 

The Company's meters will be read as nearly as possible at regular 
intervals determined by the Company and the terms 'Month' and 
'Monthly' as used in its rate schedules shall refer to an average period 
which is taken as 30 days. The non-receipt or the delayed receipt of 
any bill by a customer shall not release or diminish the obligation of 
the customer with respect to the payment for service. 

(1) Monthly Intervals: 

When the Company's meters are read at regular monthly intervals, 
the bills will be computed under the rate schedule as 'Monthly' bills, 
unless the period covered is less than 27 days or more than 33 days, 
and in either event, the monthly provisions of the respective rate 
schedules shall be applied, in determining the amount due, on the basis 
of the ratio of the number of days covered by the bill to the 30 days 
average period. 

(2) Intervals in Excess of One Month: 

When the Company's meters are read at regular intervals covering 
a period in excess of one month the KWH readings shall be estimated 
for each intervening monthly period, except the last, on the basis of 
the average monthly consumption used during the preceding regular 
reading period. The maximum demand for each intervening monthly 
period, except the last, shall be estimated to be ninety per cent (90%) 
of the maximum demand obtained during the preceding regular read- 
ing period. The respective rate schedule will be applied to the KWH 
and KW thus obtained. The last monthly period shall be considered 
as a regular Monthly Interval and billed accordingly." 

(5) That the aforesaid amendments shall be effective on November 1, 
1942, with respect to bills rendered on or subsequent to said date. 



24 N. C. Utilities Commission 

Provided, Further, that this Order shall not in any way affect or limit 
the right, duty, or jurisdiction of this Commission to further inves- 
tigate and order revisions, modifications, or changes with respect to any 
of the provisions of this Order, in accordance with law. 

By Order of the Commission. 

November 10, 1942. 

NORTH CAROLINA UTILITIES COMMISSION. 
By: Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 1575. 



CAROLINA POWER & LIGHT COMPANY. 

IN THE MATTER OF AMENDMENT TO RULES AND REGULA- 
TIONS. 

Order 

In this case the Carolina Power & Light Company submits for approval 
an amendment to its "Rules and Regulations Governing the Furnishing and 
Use of Power Service." 

As the proposed amendment appears to the Commission to be in the 
public interest and in the interest of the Company and its customers, now, 
therefore 

It Is Ordered: 

That Section 10, entitled "Miscellaneous," of the Company's "Rules and 
Regulations Governing the Furnishing and Use of Power Service" be 
amended by adding to said section a new paragraph reading as follows: 

"(f) Any contract for power service between the Company and 
a customer may be transferred and assigned, by the customer to any 
person, firm and corporation purchasing and intending to continue 
the operation of the plant or business which is being served under 
such power contract, provided the power company may require such 
guarantee for the payment of bills under the contract from the new 
owner of the plant or business as is necessary." 

This 8th day of May, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 1575. 



Decisions and Adjustments of Complaints 



25 



CAROLINA POWER & LIGHT COMPANY. 

DEVELOPMENTAL DISCOUNT FOR NON-PROFIT RURAL ELEC- 
TRIC COOPERATIVES. 

Order 

In this case the Commission has before it consideration of the extension 
of the developmental discount now applicable to Company's Schedule P-34 
and the substitution of Schedule RS-2 for the present Schedule P-34 and 
Schedule P-33. 

When Schedule P-34 was approved in March, 1941, the Commission 
ordered a developmental discount of 22 per cent, applicable to this rate 
for a period not to exceed three years from the date service was first ren- 
dered under said schedule. It appears to the Commission that normal de- 
velopment of the business of rural electric membership cooperatives has 
been retarded by the shortage of materials and appliances, occasioned 
by the war. 

Schedule RS-2 is the same as Schedule P-34, except that the contract 
period has been changed to "Not less than one year" instead of the present 
initial three-year period, and the schedule has been worded to more nearly 
conform with the wording and arrangement of other schedules of the 
Company. No customers are receiving service under Schedule P-33, there- 
fore 

It Is Ordered: 

1. That Schedule RS-2, attached hereto and made a part of this order, 
supersede Schedule P-33 and be made available for all new customers as 
of the date of this order, and that it supersede Schedule P-34 at the end 
of the initial three-year term in contracts of customers now receiving 
service under Schedule P-34; 

2. That a 22 per cent development discount from bills for electric service 
under Schedule RS-2 be allowed to new customers for a period not exceed- 
ing three years, beginning with the time electric service was initially ren- 
dered to any part of the area served by the customer; that, for customers 
now taking service under Schedule P-34, said discount be allowed for a 
period of two years, beginning with the date service was first rendered 
under Schedule RS-2; and that, since the developmental discount is allowed 
because of the undeveloped character of rural electric membership co- 
operatives, it shall not be applicable to energy resold in areas formerly 
supplied with central station service. 

3. The Company shall not be required to render service under said 
Schedule RS-2 if the customer receiving the service thereunder enters into 
competition with the Company by serving, or contracting to serve, other 
customers served by the Company. 

This the 9th day of March, 1944. 



Attest : 

R. O. Self, Chief Clerk. 
Docket No. 1604. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



26 N. C. Utilities Commission 

RESALE SERVICE 
BY NON-PROFIT ELECTRIC COOPERATIVES. 

SCHEDULE RS-2 
Availability : 

For service to Non-profit Rural Electric Cooperatives wholly financed by 
the Rural Electrification Administration, an agency of the United States 
Government, for all electric service required for resale to their individual 
members as ultimate consumers. 

Not available for breakdown, stand-by, or supplementary service or for 
service to ultimate consumers served from Company's existing- facilities. 

Type of Service: 

Alternating- current, 60 cycles, at the voltage of Company's most avail- 
able existing primary distribution circuit. 

Connection : 

Customer shall supply, at its expense, suitable connection facilities lo- 
cated as indicated by Company to which Company will connect its available 
primary distribution circuit at the expense of customer, exclusive of the 
labor of Company's employees. Customer's connection facilities shall be 
made in accordance with specifications not less than the requirements of 
the National Electric Safety Code of the United States Bureau of Stand- 
ards. 

Customer shall provide, on its side of the point of connection, necessary 
protective devices for the Company's facilities; the type, installation and 
coordination of which, with Company's protective devices, shall be mutually 
agreed upon. 

Metering : 

Company shall furnish and install the necessary meters and furnish the 
necessary metering equipment to be installed at customer's expense ex- 
cept, when the KW specified in the Agreement for Service is less than 
40 KW, the necessary metering equipment shall be furnished and installed 
at customer's expense according to Company's specifications. 

Liability Insurance: 

Customer shall have in effect at all times, when service is contracted for 
under this schedule, adequate insurance covering Workman's Compensa- 
tion, public liability, and property damage. 

Monthly Rate: 

$6.75 for the first 5 KW of Demand 

$1.35 per KW for all additional KW of Demand 

1.4c per KWH for the first 70 KWH per KW of Demand 

1.0c per KWH for the next 90 KWH per KW of Demand 

0.8c per KWH for all additional KWH. 

Demand: 

The maximum KW registered during the current month by a demand 
meter suitable for measuring the demands used during a 15-minute inter- 
val, but not less than the higher of the following: 



Decisions and Adjustments of Complaints 27 

(1) 70% of the maximum KW registered during the preceding 11 
months. 

(2) 70% of the KW specified in the Agreement for service, but in no 
event less than 5 KW. 

Payment : 

Bills are due and payable within 15 days from date of bill. 
Contract Period: 

Not less than one year. 

Superseding Schedule P-33. 

Superseding Schedule P-34 at the expiration of the initial three-year 
period in existing contracts. 

Effective: Carolina Power & Light Company. 

Note: The foregoing schedule is subject to a development discount as 
provided in Order of the Commission on March 9, 1944, in Docket No. 1604. 

Docket No. 1604. 

CAROLINA POWER & LIGHT COMPANY. 

RATE FOR SERVICE TO NON-PROFIT ELECTRIC MEMBERSHIP 
CORPORATIONS SERVED BY CAROLINA POWER & LIGHT COM- 
PANY. 

Order 
Appearances : 

Louis Gorrin 

For Electric Membership Cooperatives; Tri-County, Halifax, Ran- 
dolph, French Broad, Haywood, Wake, South River, Lumber River, 
Pee Dee. 
A. H. Graham 

For 9 Electric Membership Cooperatives as listed in record. 
R. E. Little 

For Pee Dee Electric Membership Corp., Wadesboro, N. C. 
Irwin Clark 

For Halifax Electric Membership Corp., Enfield, N. C. 
D. M. Robinson 

For French Broad Electric Membership Corp., Marshall, N. C. 
James C. Moore 

For Haywood Electric Membership Corp., Marshall, N. C. 
James P. Mullally 

For Chairman N. C. REA Co-op. Mgrs. Rate Committee and Man- 
ager of Pee Dee Electric Membership Corp. 
C. E. Viverette 

For Randolph Electric Membership Corp. 
W. H. Weatherspoon 

For Carolina Power & Light Company, Raleigh, North Carolina. 
Herbert R. Baer 

For Office of Price Administration. 



28 N. C. Utilities Commission 

This matter came before the Commission for hearing August 16, 1944, 
as the result of objections to provisions of the Commission's order of 
March 9, 1944, raised by the Rural Electrification Administration and a 
number of the Electric Membership Corporations served by Carolina Power 
& Light Company. 

The principal objection of the Rural Electrification Administration to 
the order entered by the Commission in March, 1944, was to the provi- 
sion contained at the end of paragraph 2 in said order, which reads as 
follows : 

"Since the developmental discount is allowed because of the undeveloped 
character of rural electric membership cooperatives, it shall not be ap- 
plicable to energy resold in areas formerly supplied with central station 
service." The discount referred to in said order was the discount of 22% 
provided for in Schedule RS-2, applicable to REA Cooperative Corpora- 
tions. The REA contended that with this provision the 22% discount would 
not be available to any territory which had been acquired or which might 
hereafter be acquired, which had had central station service and that such 
a provision would greatly hamper REA development within the State. 

In an attempt to meet the objection of the REA to the provision above 
quoted, the Carolina Power & Light Company offered a new schedule with 
a higher demand and a lower energy charge with a discount of 19% in- 
stead of 22%, and proposed a change in the wording which would make 
the discount available to all territory served by the REA, except to in- 
corporated cities or towns and to commercial and industrial customers 
outside of incorporated cities or towns having a connected load in excess 
of 50 horsepower. The proposal set forth the method whereby the bills 
for the current purchased by the REA in territories including incorporated 
cities or towns could be separated as between the incorporated cities or 
towns and the rural area, so that the discount would be available for the 
current used in the rural area. 

The main reason advanced by the Carolina Power & Light Company 
in support of the provision that the discount be not available to incorporated 
cities or towns was that it now sold current wholesale to many cities and 
towns in North Carolina and that to give to incorporated cities and towns 
served by the REA cooperatives a discount would result in the REA cities 
and towns obtaining current considerably cheaper than the cities and 
towns of the State which purchased direct from the Carolina Power & 
Light Company. The Carolina Power & Light. Company further contended 
that the discount should not apply to commercial and industrial customers 
outside of incorporated cities or towns having a connected load of more 
than 50 H.P., but agreed at the hearing that this limitation be increased 
to 75 KW of measured demand, which might happen to be located in a 
territory in which there was a REA development and thereby enable such 
industrial or commercial customers to obtain lower rates than were given 
to other like customers served by the Carolina Power & Light Company. 
The Carolina Power & Light Company contended that the only justifica- 
tion for the discount at all to the REA projects was from the standpoint 
of rural development and that this justification was entirely non-existent 
when current was sold to incorporated cities or towns and large industrial 
and commercial concerns which needed no developmental inducement. 



Decisions and Adjustments of Complaints 29 

The RE A on the contrary contended that it frequently was the case 
where the serving of an incorporated city or town or a large commercial 
or industrial customer was merely incidental to the serving of the adjacent 
rural territory and that the revenue received from the city or town or 
large industrial or commercial customer would make feasible the con- 
struction of rural lines which otherwise could not be built. The Carolina 
Power & Light Company's answer to this argument of the REA was that 
its proposal did not prevent the serving of cities or towns or industrial 
customers, but merely required that they pay the regular rate and the 
adjacent rural territory the discounted rate. 

The REA on the contrary contended that it frequently was the case 
where the serving of an incorporated city or town or a large commercial 
or industrial customer was merely incidental to the serving of the adjacent 
rural territory and that the revenue received from the city or town or 
large industrial or commercial customer would make feasible the construc- 
tion of rural lines which otherwise could not be built. The Carolina Power 
& Light Company's answer to this argument of the REA was that its pro- 
posal did not prevent the serving of cities or towns or industrial customers, 
but merely required that they pay the regular rate and the adjacent rural 
territory the discounted rate. 

The REA further contended that the rate offered by the Carolina Power 
& Light Company was not low enough but admitted that it was a lower 
rate than they are now paying the Carolina Power & Light Company and 
that it would result in considerable reduction to many of the groups served 
and that its provisions would give to some of the territory the discount 
which at the present time was not available to them. 

Upon a consideration of all the matters adduced at the hearing and the 
arguments of counsel, the Commission finds as a fact that the discount 
should not be available to all incorporated cities or towns or to all com- 
mercial and industrial customers, but is of the opinion, and so finds, that 
the discount shall not be applicable to any incorporated city or town within 
a REA project unless approved in writing by this Commission and neither 
should the discount apply to any commercial or industrial customers out- 
side of incorporated cities or towns and within the territory served by 
the REA having a metered 15-minute demand in excess of 75 kilowatts 
without the written approval of this Commission, provided: that if any 
industrial or commercial customer having a greater demand than 75 kilo- 
watts is now served by the REA cooperative, said service is hereby ap- 
proved. The Commission further finds as a fact that 19% discount will not 
give sufficient relief to three of the cooperatives, and it is therefore of the 
opinion, and so finds, that the discount should be increased to 20%. 

In view of the foregoing, Therefore 

It Is Ordered, That the Carolina Power & Light Company is hereby 
authorized and directed to put into effect the following schedule designated 
as Carolina Power & Light Company Schedule RS-2A which shall super- 
sede Carolina Power & Light Company Schedules P-34 and RS-2, effective 
on bills rendered for service on and after October 1, 1944: 



30 N. C. Utilities Commission 

SCHEDULE RS-2A 

RESALE SERVICE. 

NON-PROFIT RURAL ELECTRIC MEMBERSHIP CORPORATIONS. 

Availability : 

For service to Non-profit Rural Electric Membership Corporations wholly 
financed by the Rural Electrification Administration, an agency of the 
United States Government, for all electric service required for resale to 
their individual members as consumers. 

Not available for breakdown, stand-by, or supplementary service or for 
service to customers served directly from Company's facilities. 

Type of Service: 

Alternating current, 60 cycles, at the voltage of Company's most avail- 
able existing primary distribution circuit. 

Connection : 

Customer shall supply, at its expense, suitable connection facilities lo- 
cated as indicated by Company to which Company will connect its available 
primary distribution circuit at the expense of customer, exclusive of the 
labor of Company's employees. Customer's connection facilities shall be 
made in accordance with specifications not less than the requirements of 
the National Electric Safety Code of the United States Bureau of Stand- 
ards. 

Customer shall provide, on its side of the point of connection, necessary 
protective devices for the Company's facilities; the type, installation and 
coordination of which, with Company's protective devices, shall be mutually 
agreed upon. 

Liability Insurance: 

Customer shall have in effect at all times, when service is contracted for, 
under this schedule, adequate insurance covering Workman's Compensation, 
public liability, and property damage. 

Monthly Rate: 

$50.00 for the first 25 KW of Demand 

$1.70 per KW for all additional KW of Demand 

0.8c per KWH for all KWH. 

Discount: A bill computed under this Monthly Rate will be subject 
to 20 per cent discount, except that the discount will not be applied 
to service supplied in incorporated cities or towns unless approved in 
writing by the Commission. Neither will the discount be applicable 
to commercial or industrial customers outside of incorporated cities 
or towns within the territory served by the RE A having a metered 
15-minute demand in excess of 75 kilowatts unless approved in writing 
by the Commission. 

When only a portion of a bill is subject to the discount, the amount 
to be deducted from the bill shall be determined by multiplying the 
bill computed under this Monthly Rate by the ratio of the KWH used 



Decisions and Adjustments of Complaints 31 

and sold outside of incorporated cities or towns (less KWH sold out- 
side of incorporated cities or towns to commercial or industrial cus- 
tomers having a metered 15-minute demand in excess of 75 KW to 
which the discount is not applicable) to the total KWH purchased from 
the Company, times twenty per cent. 

Demand : 

The maximum KW registered during the current month by a demand 
meter suitable for measuring the demands used during a 15-minute inter- 
val, but not less than the higher of the following: 

(1) 70 r 'c of the maximum KW registered during the preceding 11 
months. 

(2) 70 c- c of the KW specified in the Agreement for Service, but in 
no event less than 25 KW. 

Payment : 

Bills are due and payable within 15 days from date of bill. 

Contract Period: 

Not less than one year. 
Superseding Schedules P-34 and RS-2 

Effective on bills rendered on and after October 1, 1944 

It Is Further Ordered, That the Carolina Power & Light Company is 
hereby authorized and directed to put into effect the following Rider desig- 
nated as Rider to Schedule RS-2A for temporary service to Membership 
Corporation now being served whose development has been arrested by 
the war. 

RIDER TO SCHEDULE RS-2A 

Availability: For service to Non-profit Rural Electric Membership 
Corporations wholly financed by the Rural Electrification Administration 
contracting for less than 25 KW of demand for distribution and resale to 
its members as consumers. Not available for breakdown, stand-by or sup- 
plementary service. 

Service : Service will be governed by the provisions set forth in Schedule 
RS-2 A except as to demand requirements and energy rate. 

Metering: The necessary metering equipment shall be furnished and 
installed at customer's expense according to Company's specifications. 

Monthly Rate: 

S6.75 for first 5 KW of demand or less 
SI. 35 per KW for all additional KW of demand 
1.4c per KWH for first 70 KWH per KW of demand 
1.0c per KWH for next 90 KWH per KW of demand 
.8c per KWH for all additional KWH. 

Discount: Twenty-two per cent from above rate, subject to con- 
ditions set forth in Schedule RS-2 A. 



32 



N. C. Utilities Commission 



Demand: 

Same as provisions in Schedule RS-2A except that in no event shall 
the demand be less than 5 KW, 
Effective on bills rendered for service on and after October 1, 1944. 

This 1st day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R, G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 1604. 



IN THE MATTER OF CAROLINA POWER & LIGHT COMPANY. 

EX PARTE 

Order 

This day came Carolina Power & Light Company (hereinafter referred 
to as "Carolina") and presented its application for authority (a) to ac- 
cept from National Power & Light Company as a gratuitous contribution, 
the 16,806 shares of $7 Preferred Stock and the 148,041 shares of Common 
Stock; (b) to cancel said 16,806 shares of $7 Preferred Stock, to cancel 
said 148,041 shares of Common Stock and to reduce or decrease its Capital 
Stock Liability from $29,031,400 to $27,350,800 and to reduce or decrease 
its number of outstanding shares of Common Stock from 1,057,391 to 909,350 
shares, without changing the stated value of Common Stock on the books 
of Carolina; and (c) to make upon its books the entries proposed in con- 
nection with the carrying out of said transactions; and upon motion of 
W. H. Weatherspoon, its counsel: 

It Is Ordered that said application be filed and that this matter be, and 
it hereby is docketed and set for immediate hearing by the Commission 
upon said application and upon such statements and representations as 
Carolina, through its representatives, may desire to submit for the consid- 
eration of the Commission; and 

Thereupon, this matter came on this day to be heard and was heard 
upon said application and the statements and representations of Carolina's 
representatives and the Commission being of the opinion that the relief 
prayed for should be granted. 

It Is Therefore Ordered, Adjudged and Decreed: 

That Carolina Power & Light Company be, and it hereby is authorized, 
empowered and permitted: 

(1) To accept from National Power & Light Company as a gratuitous 
contribution, the 16,806 shares of $7 Preferred Stock and the 148,041 shares 
of Common Stock; 

(2) To cancel said 16,806 shares of $7 Preferred Stock, to cancel said 
148,041 shares of Common Stock and to reduce or decrease its Capital 
Stock Liability from $29,031,400 to $27,350,800 and to reduce or decrease 
its number of outstanding shares of Common Stock from 1,057,391 to 



Decisions and Adjustments of Complaints 33 

909,350 shares, without changing the stated value of Common Stock on 
the books of Carolina; and 

(3) To make upon its books the entries proposed in connection with the 
carrying out of said transactions. 

Done this 16th day of December, 1943, at Raleigh, North Carolina. 

NORTH CAROLINA UTILITIES COMMISSION. 
By: . 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
R. 0. Self, Chief Clerk. 
Docket No. 3038. 

STATE OF NORTH CAROLINA EX REL. N. C. UTILITIES COMMIS- 
SION AND MRS. A. W. FARRES, ET AL. vs. DUKE POWER COM- 
PANY, CHARLOTTE, NORTH CAROLINA. 

Order 
Appearances : 

For the Petitioner: 

J. Laurence Jones, Charlotte, N. C. 
For the Respondent: 

W. S. O'B. Robinson, Charlotte, N. C. 
For the Protestants: 

R. G. Cherry, Gastonia, N. C, and K. J. Kindley, Charlotte, N. C, 

for Queen City Caoch Company. 
I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corp. (Not 
present but represented by R. G. Cherry.) 

Also Present: 

C. W. Tillett, Charlotte, N. C, for the City of Charlotte. 

Hunter, Commissioner: This cause, heard before a member of the Com- 
mission in Charlotte on July 13 and 14, 1943, and heard before the full 
Commission upon the record and argument of counsel in Raleigh on October 
12, 1943, arises upon a petition filed with the Commission by a number of 
citizens of Charlotte and vicinity to require the Duke Power Company by 
extensions, or by extensions and connections, to provide bus transportation 
service between the business center of Charlotte and a suburban section, 
a part of which said section is within the corporate limits of Charlotte, 
and a part of which is outside. 

By order of the Commission a copy of the petition and a copy of the 
answer filed thereto by the respondent were served on the City of Char- 
lotte. The Atlantic Greyhound Corporation, hereafter called "Greyhound," 
and the Queen City Coach Company, hereafter called "Queen," intervened 
and were made parties. Through their respective counsel the City of Char- 
lotte, Greyhound and Queen appeared at the hearing of the cause, but 
neither supported nor opposed the petition. 



34 N. C. Utilities Commission 

The route over which service is demanded by petitioners, as described in 
the petition, is as follows: 

"Start at Square west on Trade Street to Graham Street, south on 
Graham Street to West Morehead. West and south on Morehead to 
Wilkinson Boulevard to Little Pittsburgh, west on Green Boulevard to 
Tuckaseegee Road then north on Tuckaseegee Road, then north to 
West Trade Street and east on West Trade Street to the Square." 

The route above described leads from Independence Square, the center of 
Charlotte, in a general southwest direction about 3.5 miles to a point on 
the Wilkinson Boulevard about .5 of a mile outside of the city limits; then 
in a northerly direction over Green Boulevard to the Thrift Road at the 
Cannon Airport, a distance of about 1.5 miles; then in an easterly direction 
back to Independence Square, a distance of about 3.6 miles, or a total of 
8.6 miles. The respondent now operates over a portion of this route north 
and east of the Thrift Road and also operates over the Thrift Road from 
West Morehead Street to the Cannon Airport. 

The petitioners reside in an area southwest of the Thrift Road, an area 
not included in the respondent's present operations. To include this area in 
its transportation system it will be necessary for respondent to route buses 
from the east end of the Thrift Road over West Morehead Street and the 
Wilkinson Boulevard to Green Boulevard; then over Green Boulevard back 
to Thrift Road at the Cannon Airport. This portion of the route described 
is in a general V shape and is about three miles long, some two miles of 
which is outside of the city limits. 

While the entire route described in the petition is involved, the contro- 
versy centers around the public need and the feasibility of including this 
three-mile route along which the petitioners reside in the respondent's 
transportation system, and involves the power of the Commission to require 
such an extension. 

Testimony for Petitioners 

The petitioners offered testimony tending to show: 

That the respondent holds a franchise for the transportation of pas- 
sengers by motor bus in the Charlotte area ; that it operates under its fran- 
chise over the principal streets of Charlotte, and as a part of its Charlotte 
transportation system operates outside of the city limits six-tenths of a 
mile on Park Road, six-tenths of a mile on Providence Road, eight-tenths 
of a mile on Monroe Road, three-quarters of a mile on Selwyn Avenue, 
and about one and one-half miles on the Thrift Road and Mt. Holly Road. 

That the petitioners and those they represent reside on or near West 
Morehead Street west of its intersection with Thrift Road, and along or 
near Wilkinson Boulevard and Green Boulevard, all of which is commer- 
cially a part of Charlotte, the greater portion of which is outside of the 
city limits but within one mile thereof. 

That the petitioners and others residing in the area have from time to 
time requested the respondent to operate its buses over West Morehead 
Street and Wilkinson Boulevard as a part of its Charlotte transportation 
system, and that the respondent has refused. 



Decisions and Adjustments of Complaints 35 

That during the month of September, 1942, at which time a survey of 
this section was made by petitioners, approximately 100 homes were lo- 
cated within the city limits and approximately 450 outside, all of which 
are within reasonable walking" distance of the proposed three-mile route 
over West Morehead Street, Wilkinson Boulevard and Green Boulevard; 
that at the time of said survey this area had a population of 1,087 over six 
years of age, of which 857 were employed, and also had 32 business places 
at which 749 people were employed, many of whom were employed in es- 
sential war industries ; that the number employed at said business places in 
September, 1942, subsequently decreased by about 140 by reason of the 
closing* of non-essential places of business, but that new places of business 
under construction may be expected to add about 250 employees to the 
number now employed in this section. 

That the transportation service now rendered by respondent over the 
Thrift Road, and over streets between the Thrift Road and the business 
sections of Charlotte, is not available to the petitioners for the reason they 
do not live within a reasonable walking- distance of the Thrift Road, or of 
any other route over which the respondent operates, the walking* distance 
from many homes located along* streets leading* to the Wilkinson Boulevard 
being* more than two miles from the Thrift Road. 

That Greyhound and Queen are primarily intercity carriers, and while 
they operate in and out of Charlotte over the Wilkinson Boulevard and 
West Morehead Street, they only operate to and from the bus station in 
Charlotte, give preference to passengers traveling greater distances and 
are usually loaded to capacity with such passengers and cannot be de- 
pended upon for local needs in the Charlotte area; that Queen also pro- 
vides a local bus service between the Charlotte bus station and Morris 
Field, a military aviation base located near the Wilkinson Boulevard about 
five miles from Charlotte, and that these buses also operate over the Wil- 
kinson Boulevard and West Morehead Street and have a transfer arrange- 
ment with the respondent by which each company will honor transfers from 
the other, a privilege limited to soldiers and civilians employed at Morris 
Field; that this service is provided to meet the transportation needs of 
Morris Field and is seldom available to the petitioners, and, if at all, with- 
out transfer privileges and at rates higher than the rates for soldiers and 
Morris Field employees. 

That the petitioners and others for whom they speak residing along West 
Morehead Street, Wilkinson Boulevard and Green Boulevard are denied 
the public transportation facilities made available to other suburban sec- 
tions in the Charlotte area of like size and needs, a discrimination too re- 
motely connected with the war effort to justify its continuance; that 12 
children living within the city limits in said section attend the country 
schools because of the lack of transportation to the city schools. 

Testimony for Respondent 
The respondent offered testimony tending to show: 

That pursuant to orders issued by the President of the United States in 
the interest of the war effort motor vehicle carriers are subject to and 
must obey the rules, regulations and orders of the Office of Defense Trans- 



36 N. C. Utilities Commission 

portation in the purchase and use of motor buses; that the statement of 
policy with respect to extensions of bus service contained in a directive 
issued under date of April 17, 1942, is as follows: 

"Extension of existing bus routes and inauguration of new routes 
should be made only to places of defense employment and military 
and naval establishments or to meet similar situations where failure 
to provide such additional service will have a definitely unfavorable 
effect on the war effort." 

That pursuant to General Order No. 21 the respondent was required to 
apply for and obtain a certificate of war necessity for the operation of 
its buses, and it now holds such a certificate issued June 27, 1'943, under 
which it is now limited in miles operated and fuel used to the maximum 
miles operated and fuel used during the last three months of 1942; that 
it is in need of additional buses to serve its existing routes, but it is not 
permitted to purchase new buses or operate those it has except in com- 
pliance with orders which place limits upon its operations, notwithstanding 
the fact that its load increased from 990,000 passengers transported in 
January, 1942, to 1,630,000 transported in January, 1943, and continues 
to increase. 

That it has 83 buses in its present Charlotte transportation system and 
on February 10, 1943, applied to the proper Federal agencies for authority 
to purchase nine additional buses which have not been delivered but if 
and when delivered it will be required to use said buses on its existing 
lines, that of the 83 buses now on hand ten, on an average, are undergoing 
necessary adjustments and repairs, leaving not more than 73 available 
for continuous service, that as of May 31, 1943, 15 of said 83 buses had 
operated 350,000 miles, 22 had operated 300,000 to 350,000 miles, 14 had 
operated 250,000 to 300,000 miles, 16 had operated 200,000 to 250,000 miles, 
four had operated 150,000 to 200,000 miles, two had operated 100,000 to 
150,000 miles, and 20 had operated less than 100,000 miles. 

That the route described in the petition, including the streets over which 
it is necessary to operate to make a turn at Independence Square, will 
require an independent operation of 9.4 miles, duplicating 5.37 miles of 
respondent's existing service, and will further duplicate 1.5 miles now 
served by Greyhound and Queen, or a total duplication of existing service 
of 6.87 miles. 

That it will require three buses during peak hours and one bus during 
off peak hours to provide the service required over the route described in 
the petition; that based upon the population in the area to be served 
and upon the respondent's experience in its Charlotte operations, the direct 
operating cost of providing the service demanded will be approximately 
$23,000 per year against a total revenue therefrom of approximately $14,- 
000, resulting in an annual loss from the operation of about $9,000; that 
by reason of present high maintenance costs it is now operating its Char- 
lotte bus system at a loss and the proposed operation would add about 
$9,000 to present losses. 

That of the 559 homes counted by petitioners only about 30 are located 
on Green Boulevard and these 30 homes are located near the Cannon Air- 
port and within about one-half mile of respondent's bus line at said airport, 
and that from said group of homes to the Wilkinson Boulevard, a distance 
of about one mile, there are no homes or places of business located along 



Decisions and Adjustments of Complaints 37 

Green Boulevard, that the remainder of the homes counted by petitioners 
are located in the area traversed by West Morehead Street and the Wilkin- 
son Boulevard between Thrift Road and Little Pittsburgh, of which only 
104 homes are located within the city limits, about one-half of these being 
within one-half mile of respondent's Thrift Road bus line ; that both Grey- 
hound and Queen hold franchise rights and operate over West Morehead 
Street and Wilkinson Boulevard and that the respondent's franchise rights 
do not include any part of Green Boulevard, or Wilkinson Boulevard, or 
any part of West Morehead Street west of Thrift Road, and that it has 
never operated over or held itself out to serve any street or road west of 
Thrift Road. 

Finding of Fact 

1. That the petitioners and others residing west of the Thrift Road 
in the area traversed by West Morehead Street and the Wilkinson Boule- 
vard do not have adequate transportation service to and from the com- 
mercial and industrial sections of Charlotte and that the population of 
said area is large enough and the need for transportation sufficiently ur- 
gent and essential to constitute public convenience and necessity for ad- 
ditional bus service over the above designated portion of the route described 
in the petition; that the testimony does not support a finding of public 
convenience and necessity for the proposed bus service over other streets 
and highways described in the petition. 

2. That the respondent has not applied for and does not hold a fran- 
chise certificate from the Utilities Commission to operate over the streets 
and highways described in the petition west of Thrift Road, and that 
the testimony does not show that the Wilkinson Boulevard is within the 
scope of any franchise agreements between the respondent and the City 
of Charlotte, or that the respondent has at any time held itself out to serve 
the same. 

3. That Greyhound and Queen hold franchise rights to operate buses 
from the bus station in Charlotte to points west of Charlotte, which said 
franchise rights include West Morehead Street and the Wilkinson Boule- 
vard; that neither of said carriers render adequate local service over the 
portion of their franchise routes embraced in the petition. 

Conclusion of Law 

This Commission has not heretofore been called upon to require a motor 
vehicle carrier to extend its service over streets and highways not ex- 
pressly designated and included in its franchise. Similar petitions have 
been before the regulatory commissions of other states and upon appeal 
have been considered by the courts and have generally been denied in the 
absence of statutes providing for extensions or when it appeared that to 
require an extension of service into new territory would amount to re- 
quiring carriers or other public utilities to dedicate their property to public 
use beyond the limits of the franchise agreements under which they operate. 
Upon this principle and in support of its position that it cannot be required 
to operate over the proposed route, the respondent cites 60 Corpus Juris, 
p. 226; Interstate Commerce Commission vs. Oregon-Washington R. Nav. 
Co., 288 U. S. 14; Presto Lite Co. vs. Indianajjolis Street Railway Co., PUR 



38 N. C. Utilities Commission 

1920B 577; Chicago Railways Co. vs. Commerce Commission, 167 N. E. 840; 
Atchinson & S. F. R. Co. vs. Railroad Commission, 160 Pac. 828, 2 A. L. R. 
975; Hollywood Chamber of Commerce vs. Railroad, Commission, 219 Pac. 
983, 30 A. L. R. 68. 

In Hollywood Chamber of Commerce vs. Railroad Commission, supra, 
the Railroad Commission of California was petitioned to require the Los 
Angeles Railroad Corporation to extend its lines into Hollywood. This 
corporation maintained a street car system throughout the greater part of 
the City of Los Angeles. Five of its lines approached or touched the south- 
ern edge of Hollywood, and two of them extended a short distance into 
Hollywood. These five lines are the ones that the Railroad Commission 
was requested to order extended for distances ranging from one-half mile 
to three miles into Hollywood. In holding that neither the City of Los 
Angeles nor the Railroad Commission had the power to require the pro- 
posed extensions, the court said: 

"Under the view we take of this case it is only necessary for us to 
consider the question whether any state agency, be it Railroad Com- 
mission or municipality, has power to order the extensions here in 
question. 

* * * * 

"We entertain no doubt that neither the Railroad Commission nor 
any other governmental agency possess such power. It has been re- 
peatedly held by this court and by the Supreme Court of the United 
States that railroads are private property, the owners of which, in 
common with other property owners, are under the protection of the 
national and state constitutions." (Citing cases.) 

In Interstate Commerce Commission vs. Oregon-Washington R. & Nav. 
Co., supra, a case in which the court held that the Interstate Commerce 
Commission had not been given power to require extensions of railroads, 
the court, after a review of pertinent state decisions, said: 

"State courts have uniformly held that to require extension of ex- 
isting lines beyond the scope of the carrier's commitment to the public 
service is a taking of property in violation of the Federal constitu- 
tion." 

In the light of the cases above cited and in the absence of any statute in 
this State which expressly authorized the Utilities Commission to require 
motor vehicle carriers to extend their lines, the Commission concludes that 
such power has not been delegated to it. As pointed out in Georgia Public 
Service Commission vs. Georgia Power Company, f86 S. E. 839, the Su- 
preme Court of the United States did not hold in the case above cited that 
extensions cannot be required if within the scope of the carrier's actual or 
implied undertaking under its franchise, and it expressly held that such 
power resides in the states. 

We do not understand that a public service company's full duty to the 
public is to be measured by its express contracts or by its express franchise 
commitments. Its duty to the public is imposed by law when it undertakes 
to serve the public and enjoy privileges not given to those engaged in 
private enterprise. Under the police power of the State a public service 
company may be relieved from the obligation of its improvident contracts. 
In Re Utilities Co., 179 N. C. 151. Corporation Commission vs. Mfg. Co., 
185 N. C. 17. By the same logic the general welfare of the community 



Decisions and Adjustments of Complaints 39 

should not be bound by improvident franchise agreements which do not 
provide for extensions to meet the transportation needs of a growing in- 
dustrial center. Even so, it does not appear that the Utilities Commission 
has been given power to require extensions under the Motor Vehicle Car- 
rier Act. 

While we cannot find from the record in the instant case that the re- 
spondent has expressly or impliedly assumed any obligation to serve the 
Wilkinson Boulevard, or the territory traversed by it, Greyhound and 
Queen are in a different position. They not only hold franchise rights over 
the Wilkinson Boulevard but made themselves parties to this proceeding 
to protect their rights to transport local passengers to and from Charlotte. 
In anticipation of the need for local service, this Commission under date 
of March 12, 1942, issued the following notice: 

"ALL MOTOR VEHICLE PASSENGER FRANCHISE CARRIERS 
WILL TAKE NOTICE that war conditions, and particularly the ra- 
tioning of automobiles and tires, make necessary additional buses and 
schedules for the transportation of employees living in suburban sec- 
tions to and from their places of employment, and said carriers will 
take notice that they are required to furnish additional buses and 
schedules sufficient to provide such service in the suburban areas of 
all principal towns and cities on their respective franchise routes, 
and said carriers will further take notice that upon failure to provide 
such service within thirty days of the date hereof the Commission 
will take such action and grant such relief as the exigencies in each 
particular case may require, said rights to terminate when automo- 
biles and tires are again made available for private use." 

Seven of the larger motor vehicle passenger carriers, including Grey- 
hound and Queen, joined in an answer to said notice and challenged the 
power of the Commission to carry out its purpose, assigning among other 
reasons that it "would violate the provisions and guarantees of both the 
Fourteenth Amendment to the Federal Constitution and the Bill of Rights 
of the North Carolina Constitution." . . . That "Said notice is without 
authority of law and its validity in entirety is challenged and contested by 
the undersigned." The duty now rests upon them under their franchise 
commitments to provide adequate local service to and from Charlotte over 
the route involved, and at reasonable rates. 

It Is, Therefore, Ordered 

(1) That the petition herein be, and the same is hereby, dismissed 
as to respondent, Duke Power Company. 

(2) That the Atlantic Greyhound Corporation and the Queen City 
Coach Company, appear before the Utilities Commission at its office in 
the City of Raleigh at 2:30 P. M. on the 15th day of November, 1943, and 
show cause, if any, why adequate local bus service should not be provided 
to and from Charlotte over West Morehead Street and the Wilkinson 
Boulevard. 

This the 23rd day of October, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2884. 



40 N. C. Utilities Commission 

■* 

STATE OF NORTH CAROLINA EX REL. N. C. UTILITIES COMMIS- 
SION AND MRS. A. W. FARRES, ET AL. vs. DUKE POWER COM- 
PANY, CHARLOTTE, NORTH CAROLINA. 

Order Overruling Exceptions 

This cause was heard before a member of the Commission in Charlotte 
on July 13, 1943, and heard before the full Commission upon the record 
on October 12, 1943, and the findings and order of the Commission made 
thereafter on October 23, 1943. 

In apt time Mrs. A. W. Farres, et al., Petitioners, and the Atlantic Grey- 
hound Corp., Protestant, filed exception as appear of record to the findings 
and order made by the Commission. Said exceptions and each of them 
having been carefully considered by the Commission and found to be with- 
out sufficient merit to justify vacating or modifying the order therein, the 
same are hereby overruled. 

By Order of the North Carolina Utilities Commission. 
This the 14th day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2884. 



STATE OF NORTH CAROLINA EX REL. N. C. UTILITIES COMMIS- 
SION AND MRS. A. W. FARRES, ET AL. vs. DUKE POWER COM- 
PANY, CHARLOTTE, N. C. 

Order 

The Commission's order made in this cause, dated February 14, 1944, 
overruling exceptions filed by Mrs. A. W. Farres, et al., Petitioners, and 
Atlantic Greyhound Corporation, Protestant, to the findings and order, 
dated October 23, 1943, is thereby ordered vacated and set aside, but only 
in so far as the same relates to the exceptions filed by the Atlantic Grey- 
hound Corporation. 

By Order of the Commission. 

This the i6th day of February, 1944. 

Fred C. Hunter, Commissioner 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2884. 



Decisions and Adjustments of Complaints 41 

APPLICATION OF DUKE POWER COMPANY FOR CERTIFICATE 
OF PUBLIC CONVENIENCE AND NECESSITY UNDER CHAPTER 
455, PUBLIC LAWS 1931, AUTHORIZING IT TO ACQUIRE BY PUR- 
CHASE THE ELECTRIC PROPERTIES AND MOTOR BUS TRANS- 
PORTATION PROPERTIES OF THE DURHAM PUBLIC SERVICE 
COMPANY IN THE CITY OF DURHAM AND VICINITY; AND FOR 
APPROVAL BY THE COMMISSION OF THE ACCOUNTING EN- 
TRIES WHICH APPLICANT PROPOSES TO RECORD ON ITS 
BOOKS FOR THE PURPOSE OF REFLECTING THE ACQUISITION 
BY IT OF SAID PROPERTIES. 

Order 

This cause arises upon the application of the Duke Power Company for 
a certificate of public convenience and necessity under Chapter 455, Public 
Laws of 1931, for authority to acquire by purchase the electric properties 
and motor bus transportation properties of the Durham Public Service 
Company in the City of Durham and vicinity and for approval by the 
Commission of the accounting entries which the applicant proposes to 
record on its books for the purpose of reflecting the acquisition by it of 
said properties. The application was filed with the Commission on the 16th 
day of August, 1943, and after due notice by publication, as required by 
law, came on for hearing before the Commission, in the City of Raleigh, 
on the 8th day of September, 1943. 

The record shows that the applicant is a corporation duly organized 
and existing under the laws of the State of New Jersey, domesticated in 
the State of North Carolina, and is fully authorized by its charter and 
by the laws of North Carolina to engage, and is now engaged, in the busi- 
ness of generating, transmitting, distributing and selling electric power 
and energy, and in the business of operating motor buses as a common 
carrier for the transportation of passengers, and that said applicant is 
fully qualified in all respects required by the laws of North Carolina to 
acquire ownership of said properties and operate the same in the public 
interest, and that the Durham Public Service Company is a subsidiary of 
the Cities Service Power & Light Company and under the Public Utility 
Holding Company Act of 1935 said Cities Service Power & Light Company 
is required to dispose of said properties. 

The record shows that the applicant proposes to purchase practically all 
of the property owned by the Durham Public Service Company in the City 
of Durham and vicinity, which property includes all real estate, struc- 
tures, plants, lines, equipment, machinery, appliances, franchises, permits, 
easements and rights of way, used or of use in, or in connection with, the 
electric business and motor bus business of the Durham Public Service 
Company; that the electric properties include the electric distribution 
lines, street lighting system, transformers, substations, switching and regu- 
lator stations, equipment, machinery, apparatus and appliances, and all 
property used or of use in connection with the electric business and system 
operated by the Durham Public Service Company in the City of Durham, 
and in the suburban and rural areas in Durham, Chatham, Granville, 
Orange and Wake Counties, and also include a 3,100 KW capacity gen- 



42 N. C. Utilities Commission 

erating station, general office building, warehouses, automobile repair ga- 
rage, and the pole and general storage yard in the unincorporated town 
of Creedmoor; that the motor bus transportation properties include 51 
buses, and all equipment, material and supplies used or held for use in 
connection therewith, two automobiles, one truck, and storage barns and 
sheds; that said proposed purchase further includes an ice plant and cer- 
tain other properties which it is necessary to purchase along with the 
electric and bus transportation properties but not necessary or useful in 
the operation thereof. 

The record further shows that the applicant proposes to pay $2,952,000 
cash (as the base price as of November 30, 1942) for said properties, of 
which said sum $2,540,941.90 is to be allocated for the fixed properties 
pertaining to the electric business, and $225,275.76 is to be allocated for the 
fixed properties pertaining to the motor bus transportation business, with 
adjustments for additions, retirements and accrued depreciation from No- 
vember 30, 1942, to date of actual acquisition; that the balance of the pur- 
chase price, or $185,782.34, is to be allocated for the ice plant and other prop- 
erty not pertaining to the electric or motor bus transportation business ; that 
the accounting entries which the applicant proposes to record on its books 
(subject to the above mentioned adjustments) reflecting its acquisitions of 
said fixed electric and motor bus transportation properties, are as follows : 

Electric Properties: 

Electric Plant in Service Dr. $2,920,130.05 

Reserve for Depreciation of Electric Plant Cr. 379,188.15 

Motor Bus Transportation Properties: 

Transportation Plant Dr. $ 337,441.93 

Reserve for Depreciation Bus Cr. 112,166.17 

The record further shows that the applicant proposes to take possession 
of said properties on or before December 1, 1943, and to take over most, 
if not all, of the current assets of the Durham Public Service Company 
pertaining to its electric and motor bus transportation business, and to 
assume the liabilities of said company for consumers' deposits, line ex- 
tension deposits, and outstanding and unredeemed tokens and tickets, the 
purchase price to be the value thereof to be determined by joint appraisal, 
or by arbitration in the event of a disagreement between appraisers. 

The record further shows that agreeable to the purchase of said prop- 
erties by the applicant and in anticipation of said purchase, the City of 
Durham has granted the applicant a franchise for a period of thirty years 
to engage in the electric and motor bus transportation business in the City 
of Durham, said franchise to become effective upon the date said purchase 
is consummated. 

Upon consideration of the record, the oral and documentary evidence in 
support of the application, and being fully advised in the premises, the 
Commission is of the opinion and finds: 

1. That the applicant has complied with the laws of North Carolina 
with respect to the purchase of the properties of the Durham Public Service 
Company, that due notice of said purchase and an opportunity to be 



Decisions and Adjustments of Complaints 43 

heard has been given to the public, and that the Commission has jurisdic- 
tion of the parties and of the subject matter. 

2. That the amounts which applicant proposes to allocate to the electric 
fixed properties and motor bus fixed properties, respectively, to wit, the 
amounts $2,540,941.90 and $225,275.76, represent the original cost of said 
properties as of November 30, 1942, less the depreciation reserves appli- 
cable to said properties as of said date and that the accounting entries 
which the applicant proposes to record on its books to reflect its acquisition 
of said fixed electric and motor bus properties are correct and proper and 
should be approved; and that the purchase of the ice plant and other 
properties not pertaining to the electric and motor bus transportation 
properties does not require approval of the Commission. 

3. That the sale of said properties by the Durham Public Service Com- 
pany and the purchase thereof by the Duke Power Company at the price 
proposed will be in the public interest, in that, the larger facilities of the 
Duke Power Company will be made available to the public affected by said 
sale and purchase and will result in an immediate substantial reduction 
of rates to consumers of electricity in the areas now served by the Durham 
Public Service Company. 

4. That public convenience and necessity require the continued opera- 
tion of said electric and motor bus transportation service in the City of Dur- 
ham and vicinity, and that there is a public demand and need for said 
service. 

5. That a certificate of public convenience and necessity should be 
granted to the Duke Power Company for the purchase and operation of 
said electric and motor bus transportation business. 

It Is Therefore Ordered, that the purchase by the Duke Power Com- 
pany of the physical property and franchise rights of the Durham Public 
Service Company for the sum of $2,540,941.90 for the electric property 
and $225,275.76 for the motor bus transportation property, and the ac- 
counting entries to be recorded on the books of the Duke Power Company 
accordingly, be and the same is hereby authorized and approved. 

It Is Further Ordered that a certificate of public convenience and neces- 
sity be, and it is hereby, granted to the Duke Power Company to purchase 
said properties from the Durham Public Service Company at the prices 
aforesaid and to engage in the operation thereof to the extent authorized 
by its charter and franchise rights and that this order shall constitute 
such a certificate. 

It Is Further Ordered, that the Duke Power Company file with the 
Commission for its approval schedules of proposed rates for said electric 
and bus service, and that service commence immediately upon taking pos- 
session of said properties. 

It Is Further Ordered that the Durham Public Service Company cease 
to operate as a public utility upon the consummation of said sale and the 
transfer of said properties to the Duke Power Company as herein author- 
ized, and that both of said companies advise the Commission in writing 



44 N. C. Utilities Commission 

immediately upon the consummation of said sale and transfer of said 
properties. 

This the 8th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2960. 



IN THE MATTER OF DUKE POWER COMPANY RATES, RULES 
AND REGULATIONS FOR TERRITORY SERVED BY THE DUR- 
HAM PUBLIC SERVICE COMPANY. 

Order 

The Duke Power Company having acquired, with the approval of this 
Commission, the properties of Durham Public Service Company of Durham, 
North Carolina, said acquisition to become effective midnight December 31, 
1943 ; and it having been agreed with this Commission that with the taking 
over and operation of the Durham Public Service Company property by 
the Duke Power Company the rates, rules and regulations of the Duke 
Power Company applicable to electric service throughout the Duke Power 
Company territory would be made applicable in the territory now served 
by the Durham Public Service Company; therefore, 

It Is Ordered, That the Duke Power Company is hereby authorized and 
directed to put into effect in the territory served by the Durham Public 
Service Company electric rates, rules and regulations now in effect through- 
out other parts of the Duke Power Company territory in North Carolina 
on meter readings on and after January 1, 1944, or at such actual time 
as the change in operation begins. 

It Is Further Ordered, That the Durham Public Service Company rates, 
rules, etc., in effect regulating bus service in Durham and vicinity be con- 
tinued and made a part of the rates, rules and regulations of the Duke 
Power Company. 

This order is issued in accordance with the expressed wish of the Duke 
Power Company. 

This the 30th day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2960. 



Decisions and Adjustments of Complaints 45 

DURHAM PUBLIC SERVICE COMPANY. 

IN THE MATTER OF SUBMISSION TO THE COMMISSION BY THE 
DURHAM PUBLIC SERVICE COMPANY OF ITS STATEMENT 
2-D, A RECLASSIFICATION OF ITS PLANT ACCOUNT IN AC- 
CORDANCE WITH THE CLASSIFICATION PRESCRIBED BY THE 
COMMISSION, AND THE REQUEST OF SAID COMPANY FOR 
APPROVAL OF SUCH STATEMENT AND SUCH CLASSIFICA- 
TION OF ACCOUNTS. 

Order 

This cause arises upon the filing of the above Company of statement 2-D 
and supporting reclassified accounts and request for order accepting said 
statement as set forth therein. 

The North Carolina Utilities Commission, after investigation and being 
advised in the premises for the purpose of consenting thereto, is of the 
opinion that the applicant is entitled to the relief requested in said appli- 
cation ; therefore, it is 

Ordered, that the 2-D Statement and supporting reclassified accounts in 
the form attached to the application, and referred to and made a part 
thereof, be and the same is hereby accepted by this Commission as to 
classification of property accounts; and it is 

Further Ordered, that same be designated as Docket No. 2960 and filed 
in the records of this Commission. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 16th day of August, 1943. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2960. 



PETITION OF O. M. MULL AND J. W. PERRY, TRUSTEES OF 
NORTHWEST CAROLINA UTILITIES, INC., FOR AUTHORITY TO 
COMPLETE PLAN OF REORGANIZATION, SELL THE PROPER- 
TIES OF THE COMPANY IN THE COUNTIES OF MADISON, 
YANCEY AND MITCHELL TO THE FRENCH BROAD ELECTRIC 
MEMBERSHIP CORPORATION, AND TO DISCONTINUE ELEC- 
TRIC SERVICE IN THE TERRITORY IN NORTH CAROLINA NOW 
BEING SERVED BY IT. 

Order 

In this case the trustees of the Northwest Carolina Utilities, Inc., O. M. 
Mull and J. W. Perry, present a plan of reorganization of the Company, 
an order of the Securities and Exchange Commission approving, in so far 
as its jurisdiction extended, said plan, together with a petition requesting 
that this Commission also give its approval to said plan of reorganization. 

It is also set forth in petition that in the event that the said plan of reor- 
ganization is consummated in accordance with its terms and provisions, all 



46 N. C. Utilities Commission 

of the properties of the Northwest Carolina Utilities, Inc., which lie in 
the Counties of Madison, Yancey and Mitchell, in the State of North 
Carolina, it is proposed to sell, transfer, and convey all of said properties, 
by the said trustees, to the French Broad Electric Membership Corpora- 
tion, a corporation formed pursuant to the Rural Electrification Authority 
created by the Public Laws of North Carolina, 1935, and in this connection 
the petition asks that this Commission authorize said sale and transfer 
and conveyance of said properties. 

The data filed with said petition as well as the Annual Reports of said 
corporation on file with the Commission, amply, in the mind of the Com- 
mission, justify the reorganization and sale of property as set forth, there- 
fore, 

It Is Ordered, that the trustees, O. M. Mull and J. W. Perry, of the 
Northwest Carolina Utilities, Inc., are hereby authorized to proceed with 
the plan of reorganization as submitted to this Commission. 

It Is Further Ordered, that the said trustees, O. M. Mull and J. W. 
Perry, of the Northwest Carolina Utilities, Inc., are hereby given author- 
ity, upon consummation of plan of reorganization, to sell, transfer, and 
convey the said properties of the Northwest Carolina Utilities, Inc., to the 
French Broad Electric Membership Corporation. 

It Is Further Ordered, that upon the sale and transfer of said prop- 
erties of the Northwest Carolina Utilities, Inc., to the French Broad 
Electric Membership Corporation and the inauguration of service by 
the latter corporation to the present customers of the Northwest 
Carolina Utilities, Inc., which care to be served, and others in territory 
which desire service, authority is hereby granted to the Northwest Caro- 
lina Utilities, Inc., through its trustees or other legal representative to 
abandon and discontinue electric service in the Counties of Madison, Yan- 
cey and Mitchell in the State of North Carolina. 

This the 20th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2814. 



APPLICATION OF PINEHURST, INCORPORATED, FOR AN ORDER 
AUTHORIZING IT TO ISSUE ITS BONDS SECURED BY DEED OF 
TRUST TO REFINANCE EXISTING MORTGAGE INDEBTEDNESS, 
EX PARTE. 

Order 

This is an application by Pinehurst, Incorporated, for authority to issue 
and sell its interest coupon bonds (or exchange them for bonds outstand- 
ing) in the principal aggregate sum of Two Hundred Fifty Thousand 
($250,000.00) Dollars, to be dated November 1, 1942, and bearing interest 



Decisions and Adjustments of Complaints 47 

from date at five (5%) per cent per annum, payable semi-annually on the 
first days of May and November in each year after date, the principal to 
be due and payable on May 1, 1953, the proceeds therefrom to be applied 
in payment of the balance due on bonds of Pinehurst, Incorporated, de- 
scribed in the petition in the original principal sum of Three Hundred 
Thousand ($300,000.00) Dollars, secured by deed of trust described in the 
petition, executed by Pinehurst, Incorporated, to Maryland Trust Company 
and Robertson Griswold, trustees, recorded in office of the register of 
deeds of Moore County in book of mortgages No. 57 at page 419, in full 
payment thereof, and the new issue of bonds in the sum of Two Hundred 
Fifty Thousand ($250,000.00) Dollars to be secured by deed of trust from 
Pinehurst, Incorporated, to Maryland Trust Company and Robertson Gris- 
wold, trustees, upon the property and in the form substantially set forth 
in exhibit "D" attached to the petition. 

It is found by the Commission that Pinehurst, Incorporated, is a cor- 
poration of the State of North Carolina and a public utility as alleged 
in the application and petition and that the permission and authority sought 
by Pinehurst, Incorporated, is for a lawful object within the corporate 
purposes of said corporation; is compatible with the public interest, is 
necessary and appropriate for and consistent with the proper performance 
by said corporation of its service to the public as such utility and will not 
impair the ability of said corporation to perform that service, and is 
reasonably necessary and appropriate for such purpose. 

Upon such consideration, hearing and findings, it is, therefore, 

Ordered by the Commission that the prayer of Pinehurst, Incorporated, 
be and the same is hereby granted, and that it be and it is hereby author- 
ized and empowered to issue and sell its interest coupon bonds in the ag- 
gregate principal sum of Two Hundred Fifty Thousand ($250,000.00) 
Dollars, dated November 1, 1942, bearing interest from date at five (5%) 
per cent per annum payable semi-annually on the first days of May and 
November in each year after date, the principal thereof being due and 
payable on the first day of May, 1953, and that the payment of said bonds 
and interest coupons be secured by the deed of trust which Pinehurst, In- 
corporated, shall be allowed to execute and deliver to Maryland Trust 
Company and Robertson Griswold, trustees, upon the property and sub- 
stantially in the form set forth in exhibit "D" attached to the petition filed 
herein. 

This 10th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the North Carolina Utilities Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2807. 









48 N. C. Utilities Commission 

PETITION OF CITY OF SOUTHPORT TO ENLARGE ITS ELECTRIC 
FACILITIES. 

Order 

The City of Southport, a municipality operating an electric plant under 
the laws of the State, in this case comes before the Commission with the 
request that it be given authority, under the law of convenience and neces- 
sity, to issue bonds in the amount of $50,000 for the purpose of enlarging 
its electric plant facilities and for extension of power lines to Fort Cas- 
well Naval Base. 

It is set forth in application to this Commission that the said bond issue 
was duly authorized by the Board of Aldermen of the City of Southport 
and that the work of extension has been completed; but, through inadver- 
tence the City of Southport failed to apply for and get the authority of 
this Commission for said extension, which is required by law. 

In order to correct the inadvertence and to conform to the laws of the 
State with regard to such transaction, the City of Southport asks that the 
authority necessary be given as of October 28, 1942. 

It is quite obvious to the Commission that there was no intent on the 
part of the City of Southport to evade the law and furthermore that the 
project was a necessary and legitimate one and in the interest of the 
public and the City of Southport, and was duly authorized by the govern- 
ing body of Southport. 

In view of the representations of the City of Southport, through its pe- 
tition, and the patent need for said enlargement and extension, it is the 
opinion of the Commission that equity justifies the approval of the said 
bond issue and extension of plant nunc pro tunc as of October 28, 1942, 
therefore 

It Is Ordered, that the issue of bonds in the amount of $50,000 by City 
of Southport, authorized by its Board of Aldermen on October 29, 1942, 
for extension of electric facilities be and the same is hereby approved nunc 
pro tunc, as of October 28, 1942. 

It Is Further Ordered, that this order hereby constitutes the certificate 
of convenience and necessity in this case. 

This the 30th day of November, 1942. 

BY ORDER OF THE COMMISSION. 
Docket No. 2818. R. O. Self, Chief Clerk. 



TIDE WATER POWER COMPANY. 

IN THE MATTER OF SERVICE CONTRACTS WITH GILBERT AS- 
SOCIATES, INC., AND FRANCIS E. DRAKE, GAS ENGINEER. 

Order 

The Tide Water Power Company, in this case, presents a service con- 
tract of Gilbert Associates, Inc., with request that it be given authority to 
become a party to said instrument. 



Decisions and Adjustments of Complaints 49 

In support of its desire to secure the service of Gilbert Associates, Inc., 
the Company represents that the service company, the Atlantic Utility 
Service Corporation, with which it now holds contract, is being dissolved 
and has discontinued its technical services as of September 30, 1942, and 
that the contract of Gilbert Associates, Inc., is a more favorable one to 
the Company than the present service contract of the Atlantic Utility 
Service Corporation. 

A financial statement, filed with the Company's application, shows that 
the service cost during the first eight months of the present year under 
the Atlantic Utilities Service Corporation amounted to $12,180.29, a ratio 
to the gross receipts of the Company of approximately one-half of one 
per cent. 

It is also stated that Gilbert Associates, Inc., will not render gas service 
and, in this connection, the Company asks for authority to engage the 
services of Francis E. Drake, a gas engineer, on the following terms: 
Mr. Drake to render technical and engineering services twenty-four days 
per year at a cost of $1,200, payable monthly, and for any additional 
service actual cost plus ten per cent. 

The Commission upon consideration of the points at issue, reached the 
conclusion that the proposed contracts were to the advantage of the Com- 
pany and in the interest of the public, therefore 

It Is Ordered, that the Tide Water Power Company is hereby authorized 
to enter into a service contract with Gilbert Associates, Inc., of like text 
as that filed with the application in this case, except in the provisions quali- 
fying continuance of contract. 

It Is Further Ordered, that the Tide Water Power Company is hereby 
authorized to enter into a service contract with Francis E. Drake, gas 
engineer, on the terms as set forth above. 

It Is Further Ordered, that the said contracts may begin as of Sep- 
tember 1, 1942, and shall be for a period of one year only regardless of 
any provision in contract to the contrary; any extension or renewal be- 
yond the one-year period must have the written consent of the Commission. 

It Is Further Ordered, that quarterly statements showing itemized 
cost of service shall be made to the Commission. 

This the 5th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2318. 



50 N. C. Utilities Commission 

AUTHORIZING TIDE WATER POWER COMPANY TO EXECUTE 
SERVICE CONTRACTS WITH GILBERT ASSOCIATES, INC., AND 
FRANCIS E. DRAKE. 

Supplemental Order 

In this case the Tide Water Power Company asks for authority to renew 
electric service contract with Gilbert Associates, Inc., for one year, begin- 
ning September 1, 1943, and gas service contract with Francis E. Drake, 
for one year beginning September 1, 1943. 

In making its request the Company submitted statements showing the 
payments by months for the past year to each service agency, together 
with the following comment: "We have found the services of these two 
organizations helpful to us." 

The charges appeared to the Commission to have been reasonable and 
the contracts helpful and advantageous to the Tide Water Power Company; 
therefore 

It Is Ordered, that the Tide Water Power Company is hereby authorized 
to execute contracts with Gilbert Associates, Inc., and Francis E. Drake, 
similar to the ones which expired August 31, 1943, and which had the ap- 
proval of this Commission, for the period beginning September 1, 1943, 
and ending August 31, 1944. 

It Is Further Ordered, that any extension or renewal of contract be- 
yond the one-year period must have the written consent of the Commission. 

It Is Further Ordered, that quarterly statements showing itemized 
cost of service shall be made to the Commission. 

This the 20th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
R. O. Self, Chief Clerk. 
Docket No. 2318. 



NORTH CAROLINA UTILITIES COMMISSION. 

IN THE MATTER OF VIRGINIA ELECTRIC AND POWER COMPANY 
EX PARTE. 

Order 

Whereas, the North Carolina Utilities Commission issued an order dated 
March 14, 1941, setting forth in detail certain actions and transactions to 
be taken thereunder, and 

Whereas, one of the requirements contained in said order was to continue 
the matter on the docket of the Commission for the receipt of further re- 
ports on or before December 1, 1943, and 

Whereas, the said order contained the following paragraph: 

"The Company shall deliver to the Chief Clerk of this Commission 
for filing in the record herein a copy of any subsequent report or re- 
ports that may be filed by it with the State Corporation Commission 



Decisions and Adjustments of Complaints 51 

of Virginia in its case No. 7178 relating to the issuance of the bonds 
and notes herein authorized, and upon such delivery any such further 
report or reports shall become a part of the record herein and this 
proceeding is kept open for the purpose of receiving any such further 
report or reports." 

and, whereas, pursuant to the above provision, the applicant, the Virginia 
Electric and Power Company, has filed a report thereunder dated July 15, 
1943, purporting to be a conformed copy of that filed with the Virginia 
Commission; therefore, it is 

Ordered, that said filing is in conformity with the provisions of said 
order of March 14, 1941, and that said record be held open for further and 
final reports thereon. 

By Order of the Commission. 

This the 19th day of July, 1943. 

R. O. Self, Chief Clerk. 

Docket No. 2186. 

VIRGINIA ELECTRIC AND POWER COMPANY EX PARTE 

Order 

Whereas, the North Carolina Utilities Commission issued an order dated 
October 9, 1942, setting forth in substantial detail necessary actions and 
transactions to be taken in pursuance of the authority granted therein, 
and 

Whereas, the said Virginia Electric and Power Company was required 
in said order to make a report giving in substantial detail the Company's 
actions and transactions pursuant to said order and file same with this 
Commission on or before February 1, 1943, and 

Whereas, the said report has been postponed until construction work 
had proceeded to a more substantial extent; now, therefore, it is 

Ordered, that the order of October 9, 1942, be and the same is hereby 
amended so as to accept and approve the report made as of July 14, 1943, 
instead of February 1, 1943, and that said report is accepted as having 
been made in compliance with the order of October 9, 1942. 

By Order of the Commission. 

This the 19th day of July, 1943. 

R. O. Self, Chief Clerk. 

Docket No. 2788. 

APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY 
FOR AUTHORITY TO PAY A DIVIDEND OF 25c PER SHARE ON 
ITS COMMON STOCK ON DECEMBER 15, 1942. 

Order 

By the Commission : 

This day came Virginia Electric and Power Company, hereinafter some- 
times called the Company, and presented its application signed under date 
of November 6, 1942, by J. G. Holtzclaw, President, under the provisions 



52 N. C. Utilities Commission 

of Chapter 507 of the Acts of Assembly of 1933 (Sections 1112 (1) — (36), 
inclusive, Michie's Code of 1939), asking for authority to pay a dividend 
at the rate of twenty-five (25c) cents per share on the common stock of 
said Company outstanding, and there were presented with said application 
and referred to and identified therein exhibits "A" and "B", and upon mo- 
tion of the said Company, by Hunton, Williams, Anderson, Gay & Moore, 
its counsel, through T. Justin Moore, of Counsel; 

It Is Ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and set 
for immediate consideration by the Commission, upon the application, ex- 
hibits and representations of counsel, without formal hearing; 

Thereupon, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and was 
argued by counsel: 

Upon Consideration Whereof, the Utilities Commission finds that the 
said Company is a corporation owning and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from »the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,788,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip) as shown 
by its books, amounts to the sum of $17,637,260 ; that the current net earn- 
ings of the Company (after setting aside suitable provisions for depre- 
ciation, as authorized by the Board of Directors, and the amount required 
for the payment of preferred dividends) available for common dividends 
and surplus for the twelve months ending September 30, 1942, amounted 
to the sum of $2,519,020.90; that the current net earnings for the last 
nine months' period beginning January 1, 1942, and ending September 30, 
1942, available for common dividends and surplus, after provision for 
depreciation and preferred dividends amounted to $1,773,254.07; that the 
dividend proposed to be paid by the Company at the rate of 25c per share 
on the common stock outstanding, consisting in the aggregate of 2,788,445 
shares, will not exceed the sum of $697,111.25, which together with the 
three (3) dividends totalling 28c per share paid during 1942, is substan- 
tially less than the net earnings of the Company available for common 
dividends currently earned during the last twelve months ending Septem- 
ber 30, 1942; and that the payment of said dividend will in nowise impair 
the Company's necessary working capital or interfere with its ability to 
continue to furnish an adequate and sufficient service to its customers, and 
is in no way inconsistent with the public interest; and the Commission 
being of the opinion that the prayer of said application should be granted, 
and that the payment of said dividend should be approved and authorized ; 

It Is Therefore Adjudged, Ordered and Decreed, that Virginia Electric 
and Power Company be, and it hereby is, authorized, empowered and per- 
mitted to pay a dividend of 25c per share on the Company's common stock 
represented by 2,788,445 shares without par value, payable on or about 
December 15, 1942, amounting to a sum not to exceed $697,111.25, provided, 
however, that the payment to be made hereunder shall not exceed the 
actual current net earnings available for such purpose. 



Decisions and Adjustments of Complaints 53 

Provided, However, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order without charge therefor, upon being furnished with the necessary 
copies by said Company; and 

Provided Further, that this proceeding be and the same hereby is 
stricken from the docket of the Commission, no further action in the 
premises being required. 

This the 9th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2802. 



APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY 
FOR AUTHORITY TO PAY A DIVIDEND OF 20c PER SHARE ON 
ITS COMMON STOCK ON SEPTEMBER 15, 1943. 

Order 

By the Commission: 

This cause arises upon the application of the Virginia Electric and 
Power Company signed under date of August 3, 1943, by J. G. Holtzclaw, 
President, under the provisions of Chapter 307 of the Acts of the General 
Assembly of 1933 (Sections 1112 (1) — (36), inclusive, North Carolina Code 
of 1939, Michie), asking for authority to pay a dividend at the rate of 
twenty (20c) cents per share on the common stock of said Company out- 
standing, and there were presented with said application and referred to 
an identified therein exhibits "A" and "B", and upon motion of the said 
Company, by Hunton, Williams, Anderson, Gay & Moore, its counsel, 
through T. Justin Moore, of counsel: 

It Is Ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and set 
for immediate consideration by the Commission, upon the application, ex- 
hibits and representations of counsel, without formal hearing; 

Thereupon, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and 
was argued by counsel; 

Upon Consideration Whereof, the Utilities Commission finds that the 
said Company is a corporation owning and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,788,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip) as shown 
by its books, amounts to the sum of $17,637,260; that the current net earn- 
ings of the Company (after setting aside suitable provisions for depreci- 
ation, as authorized by the Board of Directors, and the amount required 



54 N. C. Utilities Commission 

for the payment of preferred dividends) available for common dividends 
and surplus for the twelve months ending" June 30, 1943, amounted to the 
sum of $3,031,857.98; that the current net earnings for the last nine 
months' period beginning October 1, 1942, and ending June 30, 1943, avail- 
able for common dividends and surplus, after provision for depreciation 
and preferred dividends amounted to $2,292,699.06; that the dividend pro- 
posed to be paid by the Company at the rate of 20c per share on the 
common stock outstanding, consisting in the aggregate of 2,788,445 shares, 
will not exceed the sum of $557,689.00, which together with the two (2) 
dividends totalling 30c per share paid during 1943, is substantially less 
than the net earnings of the Company available for common dividends 
currently earned during the last nine months ending June 30, 1943; and 
that the payment of said dividend will in nowise impair the Company's 
necessary working capital or interfere with its ability to continue to fur- 
nish adequate and sufficient service to its customers, and is in no way 
inconsistent with the public interest; and the Commission being of the 
opinion that the prayer of said application should be granted, and that 
the payment of said dividend should be approved and authorized; 

It Is, Therefore, Adjudged, Ordered and Decreed, that Virginia Elec- 
tric and Power Company be, and it hereby is, authorized, empowered and 
permitted to pay a dividend of 20c per share on the Company's common 
stock represented by 2,788,445 shares without par value, payable on or 
about September 15, 1943, amounting to a sum not to exceed $557,689.00; 
provided, however, that the payment to be made hereunder shall not ex- 
ceed the actual current net earnings available for such purpose. 

Provided, However, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order to the applicant; and 

Provided Further, that this proceeding be and the same hereby is closed 
and filed in the permanent records of the Commission, no further action 
in the premises being required. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 4th day of August, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2945. 



APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY 
FOR AUTHORITY TO PAY A DIVIDEND OF 20c PER SHARE ON 
ITS COMMON STOCK ON SEPTEMBER 15, 1944. 

Order 
By the Commission: 

This cause arises upon the application of the Virginia Electric and 
Power Company signed under date of July 29, 1944, by J. G. Holtzclaw, 
President, under the provisions of Chapter 307 of the Acts of the General 
Assembly of 1933 (Sections 1112 (1) — (36), inclusive, North Carolina 



Decisions and Adjustments of Complaints 55 

Code of 1939, Michie), asking for authority to pay a dividend at the rate 
of twenty (20c) cents per share on the common stock of said Company 
outstanding-, and there were presented with said application and referred 
to and identified therein exhibits "A" and "B", and upon motion of the 
said Company, by Hunton, Williams, Anderson, Gay & Moore, its counsel, 
through T. Justin Moore, of counsel; 

It Is Ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and set 
for immediate consideration by the Commission, upon the application, ex- 
hibits and representations of counsel, without formal hearing*; 

Thereupon, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and 
was argued by counsel; 

Upon Consideration Whereof, the Utilities Commission finds that the 
said Company is a corporation owning and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,938,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip) as shown 
by its books, amounts to the sum of $13,546,555; that the current net 
earnings of the consolidated Company (after setting aside suitable pro- 
visions for depreciation, as authorized by the Board of Directors, and 
the amount required for the payment of preferred dividends) available 
for common dividends and surplus for the twelve months ending June 30, 
1944, subject to certain dividend restrictions effective so long as any 
shares of $5 Dividend Preferred Stock or any of the Series D Bonds re- 
main outstanding, amounted to the sum of $3,548,325.46; that the current 
net earnings for the last nine months' period beginning October 1, 1943, 
and ending June 30, 1944, available for common dividends and surplus, 
after provision for depreciation and preferred dividends, subject to the 
dividend restrictions mentioned above, amounted to $2,668,241.24; that 
the dividend proposed to be paid by the Company at the rate of 20c per 
shares on the common stock outstanding, consisting in the aggregate of 
2,938,445 shares, will not exceed the sum of $587,689.00, which together 
with the two (2) dividends totalling 37c per share paid during 1944, is 
substantially less than the net earnings available for common dividends 
currently earned during the last nine months ending June 30, 1944; and 
that the payment of said dividend will in nowise impair the Company's 
necessary working capital or interfere with its ability to continue to fur- 
nish an adequate and efficient service to its customers, and is in no way 
inconsistent with the public interest; and the Commission being of the 
opinion that the prayer of said application should be granted, and that 
the payment of said dividend should be approved and authorized; 

It Is, Therefore, Adjudged, Ordered and Decreed, that Virginia Elec- 
tric and Power Company be, and it hereby is, authorized, empowered and 
permitted to pay a dividend of 20c per share on the Company's common 
stock represented by 2,938,445 shares without par value, payable on or 
about September 15, 1944, amounting to a sum not to exceed $587,689.00, 



56 N. C. Utilities Commission 

provided, however, that the payment to be made hereunder shall not ex- 
ceed the actual cuurrent net earnings available for such purpose. 

Provided, However, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order to the applicant; and 

Provided Further, that this proceeding be and the same hereby is closed 
and filed in the permanent records of the Commission, no further action in 
the premises being required. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 31st day of July, 1944. 



By Order of the Commission. 

E. 0. Self, Chief Clerk 
Docket No. 2945. 



APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY 
FOR AUTHORITY TO PAY A DIVIDEND OF 30c PER SHARE ON 
ITS COMMON STOCK ON DECEMBER 15, 1943. 

Order 

By the Commission : 

This cause arises upon the application of the Virginia Electric and Power 
Company signed under date of October 29, 1943, by J. G. Holtzclaw, Pres- 
ident, under the provisions of Chapter 307 of the Acts of the General 
Assembly of 1933 (Sections 1112 (l)-(36), inclusive, North Carolina Code 
of 1939, Michie), asking for authority to pay a dividend at the rate of 
thirty (30c) cents per share on the common stock of said Company out- 
standing, and there were presented with said application and referred to 
and identified therein exhibits "A" and "B", and upon motion of the said 
Company, by Hunton, Williams, Anderson, Gay & Moore, its counsel, 
through T. Justin Moore, of counsel: 

It Is Ordered, that said application and exhibits "A" and "B" be, and 
they hereby are, filed, that the matter be and hereby is, docketed and 
set for immediate consideration by the Commission, upon the application, 
exhibits and representations of counsel, without formal hearing; 

Thereupon, this matter came on this day to be heard and considered, 
upon the said application, exhibits and representations of counsel, and 
was argued by counsel; 

Upon Consideration Whereof, the Utilities Commission finds that the 
said Company is a corporation owning and lawfully operating in this State 
equipment or facilities for producing, generating, transmitting, delivering 
or furnishing electricity; and it appearing from said application, exhibits 
and representations, and from the investigation and consideration by the 
Commission, that the Company's capital represented by its 2,788,445 shares 
without par value of common stock (including stock outstanding and such 
additional common stock as may be issued in exchange for scrip) as shown 
by its books, amounts to the sum of $17,637,260; that the current net earn- 



Decisions and Adjustments of Complaints 57 

ings of the Company (after setting aside suitable provisions for depre- 
ciation, as authorized by the Board of Directors, and the amount required 
for the payment of preferred dividends) available for common dividends 
and surplus for the twelve months ending September 30, 1943, amounted 
to the sum of $3,104,933.28; that the current net earnings for the last nine 
months' period beginning January 1, 1943, and ending September 30, 1943, 
available for common dividends and surplus, after provision for depreci- 
ation and preferred dividends, amounted to $2,313,011.30; that the divi- 
dend proposed to be paid by the Company at the rate of 30c per share on 
the common stock outstanding, consisting in the aggregate of 2,788,445 
shares, will not exceed the sum of $836,533.50, which together with the 
three (3) dividends totalling 50c per share paid during 1943, is substan- 
tially less than the net earnings of the Company available for common 
dividends currently earned during the last twelve months ending Septem- 
ber 30, 1943; and that the payment of said dividend will in nowise impair 
the Company's necessary working capital or interfere with its ability to 
continue to furnish an adequate and sufficient service to its customers, and 
is in no way inconsistent with the public interest; and the Commission 
being of the opinion that the prayer of said application should be granted, 
and that the payment of said dividend should be approved and authorized; 

It Is, Therefore, Adjudged, Ordered and Decreed, that Virginia Elec- 
tric and Power Company be, and it hereby is, authorized, empowered and 
permitted to pay a dividend of 30c per share on the Company's common 
stock represented by 2,788,445 shares without par value, payable on or 
about December 15, 1943, amounting to a sum not to exceed $836,533.50, 
provided, however, that the payment to be made hereunder shall not ex- 
ceed the actual current net earnings available for such purpose. 

Provided, However, that the Clerk of this Commission shall furnish one 
attested copy of the application herein, and three attested copies of this 
order to the applicant; and 

Provided Further, that this proceeding be and the same hereby is closed 
and filed in the permanent records of the Commission, no further action 
in the premises being required. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 1st day of November, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3009. 



VIRGINIA ELECTRIC AND POWER COMPANY and VIRGINIA PUB- 
LIC SERVICE COMPANY, EX PARTE. 

Order Authorizing Issuance of Securities and Other Matters 

A. This day came Virginia Electric and Power Company and Virginia 
Public Service Company (hereinafter sometimes collectively called the 
Applicants) and presented their application verified January 25, 1944, under 
the provisions of Chapter 307 of the Acts of 1933 (Sections 1112 (1-36) of 



58 N. C. Utilities Commission 

the North Carolina Code) known as the "Public Utilities Act of 1933" 
and related provisions, asking for authority to issue and sell certain new 
securities and consummate certain other transactions as herein stated; 
and there were presented with said application and identified therein ex- 
hibit 1, being- an application for similar purposes to the State Corpora- 
tion Commission of Virginia; and exhibit 2, being an order of the State 
Corporation Commission of Virginia dated January 6, 1944, authorizing 
such transactions, subject to a reservation of jurisdiction as to the terms 
of the new securities, and exhibits 3-8, both inclusive, thereto; and upon 
the motion of Hunton, Williams, Anderson, Gay & Moore, counsel for Vir- 
ginia Electric and Power Company, by T. Justin Moore and George D. 
Gibson, counsel for Virginia Electric and Power Company, and Evans, 
Bayard & Frick, by Francis H. Scheetz and Robert Gibbon, counsel for 
Virginia Public Service Company; 

B. It Is Ordered that said application and exhibits therewith (herein- 
after sometimes called the Application) be, and they hereby are, filed and 
that this matter be, and it hereby is, set for immediate hearing by the 
Commission, upon the Application, upon the records in the previous pro- 
ceedings before this Commission upon applications of Virginia Electric 
and Power Company or Virginia Public Service Company, and upon the 
record herein; 

C. Thereupon this matter came on this day to be fully heard and 
maturely considered by the Commission upon the Application and said 
records. 

D. It Is, Therefore, Now Found and Adjudged, that the creation, 
issuance, sale and disposition of the securities proposed in the Application 
are solely for a lawful object within the corporate purposes of Virginia 
Electric and Power Company, namely, for the purpose of financing its 
business by the construction, completion, extension or improvement of 
its facilities, the improvement of its service and the discharge or lawful 
refunding of its obligations, are compatible with the public interests, are 
necessary and appropriate for and consistent with the proper perform- 
ance by Virginia Electric and Power Company of service to the public 
and will not impair the ability to perform such service, are reasonably 
necessary and appropriate for such purposes and are reasonable and con- 
sistent with the public interests; 

E. It Is, Therefore, Adjudged, Ordered and Decreed, that all authori- 
zation and approval requisite under the laws of North Carolina are hereby 
given for all of the actions and transactions authorized by, and for the 
accounting procedure approved by, said order of the State Corporation 
Commission of Virginia, except that jurisdiction is hereby reserved to con- 
sider and pass upon the terms of the new securities as to be stated in the 
form of the proposed merger agreement; the form of the proposed Fourth 
Supplemental Indenture, and the form of the proposed agreements relat- 
ing to the additional notes, and no securities shall be issued until such 
forms shall have been submitted herein and approved. 

F. It Is Further Ordered, that this procedure be continued on the 
docket of the Commission for further proceedings herein. 



Decisions and Adjustments of Complaints 59 

G. It Is Further Ordered, that the Clerk of the Commission shall fur- 
nish such number of attested copies as may be requested by the Applicants 
of this order, upon presentation of copies for such attestation and upon 
payment of the sum of One Dollar for each such copy. 

This 28th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3063. 



VIRGINIA ELECTRIC AND POWER COMPANY and VIRGINIA 
PUBLIC SERVICE COMPANY, EX PARTE. 

Order Authorizing Issuance of Securities and Other Matters 

The First Supplemental Application verified April 20, 1944, of Virginia 
Electric and Power Company and Virginia Public Service Company, to- 
gether with the exhibits thereto attached and made a part thereof, having 
been filed herein and considered by the Commission, and the Commission 
being fully advised in the premises; 

It Is Therefore Now Adjudged, Ordered and Decreed, that the Com- 
mission's order herein of January 28, 1944, be and it hereby is, amended 
so as to give all authorization and approval requisite under the laws of 
North Carolina, and all such authorization and approval are hereby given, 
for all of the proposals authorized by the order of the State Corporation 
Commission of Virginia entered April 22, 1944, and the accounting pro- 
cedure approved by said order is hereby approved. 

It Is Further Ordered That: 

1. Within six months after the consummation of the transactions here- 
in authorized, Virginia Electric and Power Company shall file herein a 
report showing the transactions had pursuant to this order; and 

2. This proceeding is continued on the docket of the Commission for 
the purpose of filing such report and for any other action that may be 
found necessary or advisable. 

3. The Clerk of the Commission shall furnish fifty attested copies of 
this order, upon presentation of copies for attestation, upon request of 
Virginia Electric and Power Company, at One Dollar each. 

This the 24th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 3063. 



60 N. C. Utilities Commission 

Electric Light and Power Companies 

Carolina Power and Light Company. Application by H. B. Allen & Com- 
pany, Wadesboro, for service on farm at McFarland. Dismissed. Docket 
No. 3032. 

Carolina Power and Light Company. Complaint of service by Dr. D. Doug- 
las Bullock, Rowland. Adjusted. Docket No. 2941. 

Carolina Power and Light Company. Complaint by Neuseoco Club, Inc., 
Raleigh, in re estimated electric bill. Dismissed. Docket No. 3002. 

Carolina Power and Light Company. Application by Citizens of San- 
ford for lights on Railroad St. Dismissed. Docket No. 2780. 

Carolina Power and Light Company. Complaint by L. P. Smith, Gulf, of 
failure to secure service for combination filling station and store. Due 
to Government regulations for the duration, denied. Docket No. 2646. 

Carolina Power and Light Company. Complaint of A. B. Tapp, of Timber- 
land, of rate. Adjusted. Docket No. 3114. 

Carolina Power and Light Company. Application by Yanceyville Drug 
Company for recording volt meter in re conditions of flow of current at 
Yanceyville. Dismissed. Docket No. 2957. 

Duke Power Company to the Commission. Temporary Service Regulations 
filed and approved. Docket No. 2954. 

Duke Power Company. Complaint by D. P. Collins, Kannapolis, of failure 
to receive electrical power with which to operate shoe shop at Kannapo- 
lis. Adjusted. Docket No. 2958. 

Duke Power Company. Complaint by Mocksville Ice and Fuel Company 
in re service. Due to receive information requested, dismissed. Docket 
No. 2887. 

Duke Power Company. Complaint by L. Reid Gilreath of discriminations 
and irregularities. Dismissed. Docket No. 3136. 

Hardy, C. L. (Merchant). Complaint by Florence Mayo Nuway Company, 
Maury, of failure to furnish electric current. Adjusted. Docket No. 
3024. 

Laurel Hill Electric Company. Application by Elmore Gibson, Laurel Hill, 
for extension of electric service to farm. Adjusted. Docket No. 2869. 

Northwest Carolina Utilities, Inc. Complaint by Guy Whute, Marshall, of 
failure to receive electric service for home. Due to Government regu- 
lations for the Duration, dismissed. Docket No. 2681. 

Public Service Company to the Commission. Cancellation of the following 
rates: Building Heating Service for Asheville, Durham and Raleigh. 

Tide Water Power Company to the Commission. Contract with United 
States Government in re service to Bomber Command Station in New 
Hanover County. Approved. Docket No. 309. 

Tide Water Power Company to the Commission. Supply of electricity to 
Maffitt Village, Recreational Area at Carolina Beach and supplemental 
agreement covering service at Fort Bragg. Approved. Docket No. 2888. 

Tide Water Power Company to the Commission. Rate for transmission 
service to War Loads in territory. Approved. Docket No. 2891. 



Decisions and Adjustments of Complaints 61 

Tide Water Power Company to the Commission. Agreement with City of 
New Bern covering sale of electric energy. Approved. Docket No. 2906. 

Tide Water Power Company to the Commission. Reclassification of electric 
plant. Approved. Docket No. 3135. 

Tide Water Power Company. Complaint by Mrs. Bessie Bolles Bellamy, 
Wilmington, of steps on city buses. As this was beyond jurisdiction of 
the Commission, case is dismissed. Docket No. 2916. 

Tide Water Power Company. Complaint by Mrs. R. L. Carr, Rose Hill, 
of rates for service. Not having received information necessary and re- 
quested, case is dismissed. Docket No. 2857. 

Tide Water Power Company. Complaint by J. T. Harrell, Burgaw, of dis- 
courtesy and illegal collection of bill. Adjusted. Docket No. 2795. 

Tide Water Power Company. Complaint by Stanley Lockhart, Newport, 
of service. Adjusted. Docket No. 3039. 

Tide Water Power Company. Complaint by National Utility Service, Inc., 
of charges on Schedule No. 10 contrasted with cost on Rate Schedule 
No. 2, electric service for industrial plant. Adjusted. Docket No. 2982. 

Tide Water Power Company. Complaint of L. J. Tharp, Garland, of failure 
to secure connection for service. Due to Government regulations for the 
Duration, dismissed. Docket No. 2717. 

Tide Water Power Company. Complaint by J. P. Ward, Wilmington, of 
service. Dismissed. Docket No. 2923. 

Tide Water Power Company. Complaint by C. R. Wheatley, Beaufort, of 
charge for connection of service. Adjusted. Docket No. 3043. 

Virginia Electric and Power Company. Complaint by J. L. Blythe, Harrells- 
ville, in re construction cost of line to home. Dismissed. Docket No. 
2915. 



62 N. C. Utilities Commission 

Express Company 

APPLICATION OF RAILWAY EXPRESS AGENCY TO CLOSE 
AGENCY STATION AT MOORESBORO, N. C. 

Order 

By application filed May 5, 1944, the Railway Express Agency seeks 
authority to close its agency station at Mooresboro, N. C. 

This agency was closed on May 1, 1944, due to the fact that the Railway 
Express Agency was unable to secure anyone to handle this station. The 
former agent resigned due to illness. The Commission has investigated 
the matter and finds that for the past two years there has been little 
business handled at this station, and that there is no objection upon the_ 
part of local townspeople, either individuals or business people, to the clos- 
ing of this station. 

Wherefore, it is ordered that the application of the Railway Express 
Agency to close its agency station at Mooresboro, N. C, be and the same 
is hereby approved. 

By Order of the Commission. 

This 25th day of May, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2791. 



Railway Express Agency, Inc., to the Commission. Application for au- 
thority to discontinue agency at Advance. Granted in order covering 
application of Southern Railway Company to discontinue agency. Docket 
No. 2089. 

Railway Express Agency, Inc., to the Commission. Application for au- 
thority to discontinue agency service at Earl. Granted in order covering 
application of Southern Railway Company to discontinue agency. Docket 
No. 1810. 

Railway Express Agency, Inc., to the Commission. Application for author- 
ity to discontinue agency at Stem. Granted in order covering applica- 
tion of Southern Railway Company to discontinue agency. Docket No. 
2519. 

Railway Express Agency, Inc., to the Commission. Application for author- 
ity to discontinue agency at Winfall. Granted. Docket No. 2931. 



Decisions and Adjustments of Complaints 63 

Gas Companies 

PETITION OF ELIZABETH AND SUBURBAN GAS COMPANY FOR 
AUTHORITY TO IMPOSE AN ADDITIONAL SURCHARGE ON ITS 
GAS RATES. 

Order 

Before the Full Commission. 
Appearances : 

For Petitioner: 

Nathan H. Gellert. 
For Intervenor: OP. A., 

Robert S. Keebler. 

This case comes before the Commission on the Elizabeth and Suburban 
Gas Company for authority to increase the present surcharge of 10 per 
cent on its gas rates to 40 per cent for the duration of the war and six 
months thereafter. 

The petition in justification for the proposed increase supplied a financial 
statement of the Company's operation for the three months' period ending 
September 30, 1943, compared with the operation of the Company for the 
like period for the year 1942. 

This statement showed that while the total revenue of the Company 
increased 22% during 1943 over 1942, the total expenses had risen 91%. 
In dollars and cents a profit of $1,610 for the period in 1942 was superseded 
by a loss of $3,693 in 1943 or an estimated loss of $15,000 for the extended 
year of operation. 

The proposed rate increase requested, it was said, would not produce 
sufficient revenue to balance current income with current expenses, but 
the petition stated that the additional revenue would enable the Company 
to borrow $5,000 from the Atlantic Gas Corporation, the parent company 
of the Elizabeth and Suburban Gas Company, for a needed rehabilitation 
program which when completed would insure good service and permit the 
Company to return to the present level of rates. 

Filed with the Commission prior to the hearing was copy of resolution 
adopted by the Board of Aldermen of Elizabeth City protesting the pro- 
posed increase in rates. Five customers also filed a protest against any 
proposed increase in rates, as did a former employee of the Company who 
criticized the quality of the gas being supplied by the Company. 

The testimony of Mr. Nathan Gellert, who appeared as a witness for 
the Company at the hearing, was practically in line with contentions set 
forth in the petition. He emphatically stated that unless the increase pro- 
posed was granted, the Company could not borrow the money needed for 
the rehabilitation of the plant and that the revenue now being received is 
not sufficient to pay operating expenses and keep the plant going. Much 
of the loss being sustained is attributed to leaky mains, which under the 
present set-up could not be repaired. He expressed the opinion, however, 
that with rehabilitation of the plant that much of the leakage could be 
stopped and other economies effected, which would permit a return to 
lower rates. 



64 N. C. Utilities Commission 

Under the cross examination of Robert S. Keebler, representative of the 
O.P.A., who proved very helpful in the case, the financial plight of the 
Company and the need for emergency revenue was emphasized. Under 
questioning it was brought out that coal had just advanced twenty-nine 
cents a ton and that the labor problem was strikingly acute. The witness 
stated that it was difficult to get labor to properly man the plant and then 
only at abnormal wages due largely to the high wages being paid at war 
plants at Elizabeth City and vicinity. That the monthly loss in operating 
costs alone was said to be $1,300. The cross examination brought out 
further that the present owner of the Company had never received any 
dividends and that Company had not paid interest due on its bonded in- 
debtedness $104,000 for the past five years and that the Company's in- 
debtedness exceeded its book value. He also said the property of the Com- 
pany had been sold for delinquent taxes. In the light of this expose, it 
should be plain to the gas consumers of Elizabeth City that the situation 
has reached a climax where heroic action, perhaps not to one's liking, is 
imperatively necessary. 

No representative of the Board of Aldermen of Elizabeth City or any 
customer of the Company appeared in opposition to the petition. 

At the conclusion of Mr. Gellert's testimony, Rate Expert Womble of 
the Commission, suggested in lieu of the 40% surcharge asked by the pe- 
tition, that all rate schedules of the Company be cancelled and that a 
charge of $2.25 per thousand cubic feet be made for all sales of gas ir- 
respective of class service and consumption, with a monthly minimum of 
$2.25 on domestic service and $28.00 for commercial service. 

Witness Gellert looked upon Womble's proposition with favor and ex- 
pressed the thought that it would greatly facilitate the handling of ac- 
counts; however, he suggested that if the substitute plan was adopted 
that the gas refrigerator schedule be retained but that the rates for such 
service which now prevail and which run from $1.40 to $3.45 per month 
according to the cubical capacity of the box be eliminated and that instead 
of a flat monthly charge of $2.50 be applied irrespective of size of refrig- 
erator. Mr. Keebler probed into the Womble proposition but after ex- 
planation, voiced no opposition to it. 

In support of his proposal, Rate Expert Womble quoted figures from 
the annual report of the Company for the year ending December 31, 1942. 
These show that the average rate for residential service for the year was 
$1,975 per thousand cubic feet; commercial $1,529; prepay meter $2,198, 
and heating $.8948. Mr. Womble pointed out that the average rate paid 
by the Commercial customers was less than that paid by the residential 
customers. He took the position that the residential rate should normally 
be less than the commercial, certainly no higher. 

Below are given figures showing how the residential rate would be af- 
fected by the Company and the Womble proposals: 

Present Company Womble 

Rate Proposal Proposal 

1,000 Cubic Feet $2.42 $3.08 $2.25 

1,500 Cubic Feet 3.38 4.31 3.38 

2,000 Cubic Feet 4.35 5.54 4.50 

Minimum 1.43 1.82 2.25 



Decisions and Adjustments of Complaints 65 

This comparison shows that the Womble proposition is lower than the 
Company's proposal on consumption as follows: 

1,000 Cubic Feet $ .83 

1,500 Cubic Feet .93 

2,000 Cubic Feet i:04 

In comparison with present rates the Womble proposition is seventeen 
cents lower for 1,000 cubic feet than the Company's present rate; the same 
for 1,500 cubic feet and only 15 cents higher for 2,000 cubic feet consump- 
tion. The monthly minimum; however, is 82 cents higher. 

The average residential customer should get through with 1,500 cubic 
feet of gas per month and if he should do this his bill under the Womble 
proposition would be no higher than at present. 

It is very obvious that under the Womble proposal the commercial cus- 
tomers would pay a very much higher rate; however, it is quite evident 
that this class of customer is not contributing his just part to the support 
of the Company's revenue. 

In the light of the testimony before it, it is quite evident to the Commis- 
sion that the financial plight of the Company has not been overdrawn and 
that if the Elizabeth Suburban Gas Company is to survive and continue 
to serve the people of Elizabeth City with gas the Commission must au- 
thorize rates which will produce an amount of additional revenue which 
the Company estimates it needs and which estimate in the opinion of the 
Commission is supported by the financial exhibits filed with the petition. 
Much of the loss shown by the witness Gellert was due to leaky mains and 
lack of manpower to repair these leaks. It was asserted that much of this 
loss could be prevented by the rehabilitation of the plant. In view of this 
statement, the Commission is led to believe that the emergency rate which 
it proposes to grant may be substantially modified by or before July 1 next 
and so the Commission will not grant the full extension of time requested 
by the Company but limit the rate or rates for a period ending August 1, 
1944. At that time or before the Commission shall require the Company 
to submit financial statements which it is hoped will put the Commission 
in a position to reduce the emergency rates provided. 

The Commission cannot conceive that the Board of Aldermen of Eliza- 
beth City and protesting customers, if fully informed of the true situ- 
ation, would ask this Commission to refuse a grant of added revenue 
which, if not given, would, it is quite evident, result in a shut-down of the 
Company's plant at no distant day and thus deprive nearly 700 customers 
of gas cooking facilities and refrigeration; especially is this inconceivable 
when electric appliances cannot be procured to replace gas equipment. 

In view of the foregoing, therefore: 

It Is Ordered, that the Elizabeth & Suburban Gas Company effective 
February 1, 1944, cancel all its present gas rate schedules, and shall issue 
in lieu thereof the following schedules : 



66 N. C. Utilities Commission 

Gas Schedule, General 

Available to all classes of service except domestic refrigerators. 
Monthly charge: 

$2.25 per thousand cubic feet for all gas consumed. 
Monthly minimum: 

Residential, $2.25. 

Commercial, $28.00 

Domestic Gas Refrigerator 

Flat monthly charge of $2.50, irrespective of cubical capacity of re- 
frigerator. 

It Is Further Ordered, that on or before July 1, 1944, the Elizabeth 
and Suburban Gas Company shall file, at the request of the Commission, 
financial and other statements of the Company's operations for the periods 
requested. 

It Is Further Ordered, that this order shall remain open for the next 
seven months during which time the Commission may make any adjust- 
ments in rates and service that it may deem necessary. 

This the 23rd of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 3026. 



ELIZABETH AND SUBURBAN GAS COMPANY RATES. 
Supplemental Order 

In agreement with officials of the Elizabeth and Suburban Gas Company 
the Commission believes that the monthly minimum is $28 provided for 
commercial customers in the Commission's order in above docket, issued 
on December 23, 1943, should be cancelled and a monthly minimum of 
$2.25 be provided, in lieu thereof. 

The conclusion was also reached that the flat charge of $2.50 for re- 
frigeration should be cancelled and a schedule of rates according to cubic 
feet capacity of refrigerator should be provided in line with the present 
rates for this class of service. 

In view of these conclusions, therefore, 

It Is Ordered, that the order of the Commission, in Docket No. 3026, 
issued on December 23, 1943, in the rate case of the Elizabeth and Suburban 
Gas Company, be and the same is hereby amended by cancelling the $28 
monthly minimum charge provided for Commercial customers and the 
substitution therefor of a monthly minimum charge of $2.25, thus making 
the monthly minimum charge uniform for all classes of service on and 
after February 1, 1944. 



Decisions and Adjustments of Complaints 67 

The said order is hereby Further Amended by the cancellation of the 
provision for a flat rate of $2.50 per month for refrigeration service and 
the substitution in lieu thereof the following schedule of flat rates ac- 
cording to interior cubical capacity of refrigerators, irrespective of the 
amount of gas consumed by the refrigerator: 

4.0 Cubic Feet $1.55 

4.5 Cubic Feet 1.65 

5.0 Cubic Feet 1.75 

5.5 Cubic Feet 1.90 

6.0 Cubic Feet 2.00 

6.5 Cubic Feet 2.25 

7.0 Cubic Feet 2.40 

This the 3rd day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3026. 



PETITION OF ELIZABETH AND SUBURBAN GAS COMPANY FOR 
AUTHORITY TO IMPOSE AN ADDITIONAL SURCHARGE ON ITS 
GAS RATES. 

Correction Order 

The original order made herein dated the 23rd day of December, 1943, 
contains the following recital: "Under cross examination of Robert S. 
Keebler, representative of the O.P.A., who proved very helpful in the 
case, the financial plight of the Company and the need for company revenue 
was emphasized. . ." "Mr. Keebler probed into the Womble proposition 
but after explanation, voiced no opposition to it." 

The Commission's attention having been directed to the possible impres- 
sion from the language above set out that the Office of Price Administra- 
tion, through its representative, did not actively oppose the proposed in- 
crease in rates, an erroneous interpretation of the language employed, if 
so construed, 

It Is, Therefore, Ordered, that the above quoted recitals appearing in 
the Commission's order in the case be, and the same is hereby, stricken 
out. 

This the 7th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3026. 



68 N. C. Utilities Commission 

THE APPLICATION OF PUBLIC SERVICE COMPANY OF NORTH 
CAROLINA, INCORPORATED, FOR AUTHORITY TO EXECUTE 
SUPPLEMENTAL TRUST INDENTURES TO COLONIAL TRUST 
COMPANY, AS TRUSTEE, MODIFYING AND AMENDING SUP- 
PLEMENTAL TRUST INDENTURE DATED AS OF FEBRUARY 
1, 1939. 

Order 

This cause coming on to be heard upon the Application of Public Service 
Company of North Carolina, Incorporated, for authority to execute and 
deliver a Supplemental Indenture to Colonial Trust Company, as trustee, 
said indenture to be dated as of February 1, 1944, and to provide certain 
restrictions on the further issuance of bonds under a Supplemental In- 
denture of February 1, 1939; to provide for an annual Sinking; Fund for 
the retirement of bonds of 5% Series due 1952; and to transfer and convey 
to the trustee the properties acquired by the petitioner since the execution 
and delivery of the Supplemental Indenture of February 1, 1939, together 
with certain other provisions as set forth in the petition and as contained 
in a copy of the proposed Supplemental Indenture of February 1, 1944, 
duly filed with the petition. 

After considering the petition and the prior orders of this Commission 
relating to the acquisition of additional properties by the petitioner, it is 
believed that public convenience and interest will be served by the grant- 
ing of this application for authority to execute and deliver the Supplemen- 
tal Indenture as described in the petition. Therefore, 

It Is Ordered, that the petition of the said Public Service Company of 
North Carolina, Incorporated, be and the same hereby is granted, and 
to that end Public Service Company of North Carolina, Incorporated, and 
its officers and directors are authorized to execute and deliver to Colonial 
Trust Company, as trustee, the Supplemental Indenture of February 1, 
1944, as described in the petition. 

This approval is granted and received with the clear understanding 
that it shall not be hereafter used as a basis for a rate increase. 

This the 27th day of July, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 3146. 

SIMPLIFICATION OF GAS RATE SCHEDULES OF THE PUBLIC 
SERVICE COMPANY OF NORTH CAROLINA AT ITS ASHEVILLE 
DIVISION. 

Order 

Appearances : 

C. B. Zeigler, President 
No opposition. 

This case comes before the Commission on the application of the Public 
Service Company of North Carolina to eliminate its present gas rate 



Decisions and Adjustments of Complaints 69 

schedules A, C, D, F and G and substitute therefor Rate Schedule No. 1 
which follows, applicable to all classes of metered service: 

Rate Schedule No. 1 

Applying- on Customers' Bills rendered on and after September 1, 1944. 

This Schedule is available to all customers and replaces all existing 
schedules of the Company for the sale of gas service by a regular meter 
in the Asheville territory. 

Rates : Net Gross 

First 800 cubic feet or less $1.50 $1.60 

Next 1,200 cubic feet @ 1.65 per M. 1.75 per M. 

Next 3,000 cubic feet @ 1.00 per M. 1.10 per M. 

Next 5,000 cubic feet @ .85 per M. .95 per M. 

Next 40,000 cuic feet @ .70 per M. .80 per M. 

All over 50,000 cubic feet @ .60 per M. .70 per M. 

Minimum Bill $1.50 net; $1.60 gross. 

Note: The gross amount of the bill shall be due and payable if not 
paid within (10) days from date of bill. 

Fuel Clause 

The above rates are established upon a base price of five dollars and fifty 
cents ($5.50) per ton for coal delivered at the Company's Asheville plant 
and such rates will be increased one cent (lc) per thousand feet of 525 
B.T.U. g-as used, for each twelve cents (12c) increase in the price of coal 
above five dollars and fifty cents ($5.50) per ton delivered at the Com- 
pany's Asheville plant. 

This proposition continues in effect the prepay service, rate Schedule B, 
and the flat rate service for refrigeration, rate Schedule E. 

Mr. Zeigler who appeared as representative and witness of Public Serv- 
ice Company of North Carolina testified that with few exceptions the pro- 
posed schedule would give all customers excepting- those on the present 
heating schedule a reduction and would eliminate confusion in billing- and 
would result in a reduction to customers in the aggregate, amounting to 
$7,200 a year. He pointed out that the heating schedule was offering service 
at less than cost of production. 

It is quite apparent to the Commission that the proposition of the Com- 
pany was in the interest of the public and especially to the customers served 
with few exceptions. Therefore, 

It Is Ordered, that the Public Service Company of North Carolina is 
hereby authorized and directed to put into effect Rate Schedule No. 1 as 
set forth above on meter readings on and after September 1, 1944. 

This the 29th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3156. 



70 N. C. Utilities Commission 

IN THE MATTER OF THE APPLICATION OF C. B. ZEIGLER TO 
ACQUIRE SUBSTANTIALLY ALL OF THE ASSETS AND BUSI- 
NESS OF THE ASHEVILLE GAS COMPANY and THE DURHAM 
GAS COMPANY. 

Order 

This Cause arises upon the application of C. B. Zeigler for authority 
to acquire substantially all of the assets and business of The Asheville Gas 
Company, a North Carolina corporation, owning and operating a gas man- 
ufacture and distribution plant in the City of Asheville, North Carolina, 
and The Durham Gas Company, a Maryland corporation, owning and 
operating a gas manufacture and distribution plant in the City of Durham, 
North Carolina. It appears that Mr. C. B. Zeigler has entered into con- 
tracts or arrangements with The Asheville Gas Company and The Durham 
Gas Company, whereby the assets and business of such companies are to 
be sold and transferred to him for a consideration named in such contracts, 
which is found by the Commission to be a satisfactory sale price. 

It Is Therefore Considered, Ordered and Adjudged by the Commis- 
sion that the petition of C. B. Zeigler to acquire substantially all the assets 
and business of The Asheville Gas Company and The Durham Gas Com- 
pany be, and the same is hereby granted and the said The Asheville Gas 
Company and The Durham Gas Company are authorized to sell and the 
said C. B. Zeigler is authorized to purchase said properties pursuant to 
the contracts made and entered into between the parties upon date of 
October 15th, 1943. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This October 20th, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2999. 



IN THE MATTER OF THE APPLICATION OF C. B. ZIEGLER TO 
ACQUIRE SUBSTANTIALLY ALL OF THE ASSETS AND BUSI- 
NESS OF THE RALEIGH GAS COMPANY. 

Order 

This Cause arises upon the application of C. B. Zeigler for authority 
to acquire substantially all of the assets and business of The Raleigh Gas 
Company, a North Carolina corporation, owning and operating a gas man- 
ufacture and distribution plant in the City of Raleigh, North Carolina. It 
appears that Mr. C. B. Zeigler has entered into a contract or arrangement 
with The Raleigh Gas Company, whereby the assets and business of such 
company are to be sold and transferred to him for a consideration named 
in such contract, which is found by the Commission to be a satisfactory 
sale price. 

It Is Therefore Considered, Ordered and Adjudged by the Commission 
that the petition of C. B. Zeigler to acquire substantially all the assets and 
business of The Raleigh Gas Company be, and the same is hereby granted 



Decisions and Adjustments of Complaints 71 

and the said The Raleigh Gas Company is authorized to sell and 
the said C. B. Zeigler is authorized to purchase said properties pursuant 
to the contract made and entered into between the parties upon date of 
October 15th, 1943. 



This October 20th, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3000. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Public Service Company of North Carolina to the Commission. Rates for 
Asheville, Concord-Gastonia-Statesville Divisions. Approved. Docket No. 
3156. 

Tide Water Power Company. Complaint by City of Kinston of service. 
Adjusted. Docket No. 3037. 



72 N. C. Utilities Commission 

Motor Vehicle Lines 

A. & C. Bus Lines, Inc., Route No. 7, Charlotte, N. C. Franchise Certificate 
No. 518. 
Passenger. 

Routes: From Charlotte over U. S. Highway No. 21 to Padgett's 
Store, approximately six miles from the Charlotte city limits; thence 
over highway designated on the Mecklenburg County highway map as 
No. 122 to Derita and return over same route; and from Charlotte to 
Derita over Highway No. 11; thence from Derita to Sugaw Creek Church 
over Highway No. 116, as designated on said county map, and return 
over same route. Between Padgett's Store and Huntersville via Inde- 
pendence over Highway No. 21. (In accordance with agreement of 
Atlantic Greyhound Corporation, dated September 1, 1942.) 

Arden Stage Company, Mrs. A. N. Graham d/b/a, 6 Westchester Drive, 
Asheville, N. C. Franchise Certificate No. 457. 
Passenger. 

Routes: Between Asheville and Airport — Pack Square via Biltmore 
Avenue to Brook, to intersection of Sweeten Creek Road, to Arden to 
Cane Creek Road to Fletcher; thence to Cane Creek Road to Airport. 

Asheville-Elk Mountain Bus Line, Asheville, N. C. Franchise Cer- 
tificate No. 525. 



Routes: (a) Asheville via Temp, N. C. 63 to Woodfin, via Burnsville 
Mill Road to top of Burnsville Hill and via Elk Mountain Road to Elk 
Mountain Village and mill, and return same route. 

(b) Asheville via N. C. 63 (or 191) to Craggy Bridge and via N. C. 
191 to Elk Mountain Village, and return by same route. 

(c) Asheville to Leicester and beyond to Plemmon's Store and return 
via N. C. 63. 

Atlantic Coast Line Railroad Company, Wilmington, N. C. Franchise 
Certificate No. 560. 
Property Carrier. 

Routes operated under Certificate No. 560: 

(a) Between the North Carolina-Virginia State Line and Wilmington, 
N. C. From the North Carolina-Virginia State Line over U. S. Highway 
301 to the junction of U. S. Highway 301 and U. S. Highway 117; 
thence over U. S. Highway 117 to Wilmington, N. C, with alternate 
route between Wallace and Watha, N. C, over unimproved highways 
adjacent to the line of the railroad, and return over same route. 

(b) Between Wilson, N. C, and Dunn, N. C. From Wilson over U. S. 
Highway 301 and return over same route. 

(c) Between Warsaw, N. C, and Clinton, N. C. From Warsaw over 
U. S. Highway 24 and return over same route. 

(d) Between Spring Hope, N. C, and Plymouth, N. C. From Spring 
Hope over U. S. Highway 64 and return over same route. 



Decisions and Adjustments of Complaints 73 

(e) Between Halifax, N. C, and Robersonville and Williamston, N. C. 
From Halifax over U. S. Highway 301 to junction with North Carolina 
Highway 561; thence over North Carolina Highway 561 to junction 
with U. S. Highway 258; thence over U. S. Highway 258 to Scotland 
Neck, N. C, with alternate route between Halifax and Scotland Neck 
over North Carolina Highway 125 and U. S. Highway 301; thence over 
North Carolina Highway 125 to junction with N. C. Highway 503; thence 
over North Carolina Highway 503 to Robersonville, or over North Car- 
olina Highway 125 to Williamston, and return over same route. 

(f) Between Bethel, N. C, and Kinston, N. C. From Bethel over 
North Carolina Highway 11, and return over same route. 

(g) Between Greenville, N. C, and Washington, N. C. (with closed 
doors.) From Greenville over U. S. Highway 264 to Chocowinity, N. C; 
thence over U. S. Highway 17 to Washington, and return over same route. 

Atlantic Greyhound Corporation, 1101 Kanawha Valley Building, Char- 
leston, West Virginia; 1203 State Planters Bank Building, Rich- 
mond, Virginia; c/o H. G. Hudson, Wachovia Bank Building, 
Winston-Salem, North Carolina. Franchise Certificate No. 429. 
Passenger. 

Routes: Routes covered by Franchise Certificate No. 429, which is 
hereby renewed as of December 16, 1939. Since the issuance on December 
16, 1936, of Certificate No. 429, of which this is a renewal under Chapter 
136, Public Laws of 1927, and amendments thereto, the State Highway 
Commission has changed practically all the Highway Route numbers 
and this certificate in being renewed has been made to conform to the new 
numbers in accordance with the Highway Map dated 1939, but in chang- 
ing the numbers the cities en route have been followed so as to properly 
locate the highways operated by the owner of this certificate and its 
predecessors. 

(1) From Virginia-North Carolina State Line (near Price, N. C.) 
via Stoneville, Madison, Walnut Cove, and Walkertown over Highways 
Nos. 220 and 311 to Winston-Salem; thence to the North Carolina- 
South Carolina State Line (near Grover, N. C.) via Clemmons, Mocks- 
ville, Statesville, Mooresville, Huntersville, Charlotte, Gastonia, and 
Kings Mountain over Highways Nos. 158, 64, 21, 29 and 74 and over 
Highways Nos. 7 and 161 with the understanding that the Queen City 
Coach Company, Inc., has equal rights to operate between Charlotte 
and Kings Mountain via Highways Nos. 29 and 74 over Highway No. 
7 via Belmont, McAdenville, Lowell, Ranlo to • Gastonia and over 
No. 161 via Bessemer City in accordance with agreement dated August 
24, 1932, copy of which appears on the back of Certificate No. 240 
outstanding in the name of Queen City Coach Company, Inc. 

(2) From Charlotte to North Carolina-South Carolina State Line 
via Pineville over Highway No. 21 and from Pineville to North Caro- 
lina-South Carolina State Line via U. S. Highway No. 521. 

(3) From Tennessee-Virginia State Line (near Zionville) to Win- 
ston-Salem via Boone, North Wilkesboro, Brooks Cross Roads, and 
Yadkinville over Highway No. 421. 



74 N. C. Utilities Commission 

(4) From Shelby to Winston-Salem via Fallston, Belwood, Toluca, 
Morganton, Lenoir, Wilkesboro, Ronda, Elkin, Boonville and East 
Bend over Highways Nos. 18, 268, 21 and 67. 

(5) From Lenoir to Statesville via Taylorsville over Highway No. 
90 and Taylorsville to Wilkesboro via Moravian Falls over Highway 
No. 16. 

(6) From Virginia-North Carolina State Line (between Mount Airy, 
N. C, and Hillsville, Va.) to Greensboro via Mount Airy, Pilot Moun- 
tain, Rural Hall, Winston-Salem, Kernersville and Friendship, over 
Highways Nos. 52 and 421; and 703 between Winston-Salem and 
Kernersville; and 311 between Winston-Salem and High Point. 

(7) From Virginia-North Carolina State Line to Twin-Oaks via 
Highway No. 21 (also No. 221). 

(8) From Jefferson to Statesville via Scottville, Sparta, Roaring 
Gap, Elkin, Brooks Cross Roads, and Harmony over Highways Nos. 16, 
221 and 21. 

(9) From Jefferson to Boone via Baldwin over Highway No. 221. 

(10) From Winston-Salem to Raleigh via Lexington, Asheboro, Siler 
City, Pittsboro and Cary over Highways Nos. 52 and 64. 

(li) From Greensboro to Virginia-North Carolina State Line (near 
Pelham) via Reidsville over Highway No. 29. 

(12) From Winston-Salem to Reidsville via Stokesdale and Went- 
worth over Highway No. 158. 

(13) From Tenn. -North Carolina State Line (near Hot Springs, 
N. C.) to South Carolina-North Carolina State Line (near Tuxedo) 
via Hot Springs, Marshall, Asheville, Skyland, Fletcher, Henderson- 
ville and Flat Rock over Highway No. 25; and from Hendersonville 
to South Carolina-North Carolina State Line via Davidson River, 
Brevard and Cedar Mountain over Highways Nos. 64 and 276. 

(14) From Virginia-North Carolina State Line (near Wise, N. C.) 
to South Carolina-North Carolina State Line (near Little River, S. C.) 
via Norlina, Henderson, Franklinton, Raleigh, Clayton, Smithfield, 
Selma, Princeton, Goldsboro, Mount Olive, Warsaw, Kenansville, Tin 
City, Burgaw, Wilmington, Bolivia, Supply and Shallotte, over High- 
ways Nos. U. S. 1, 70, 117, and 17; also Henderson to Durham via 
Oxford and Creedmoor over Highways Nos. 15 and 158; from Franklin- 
ton to Louisburg over Highway No. 56 and from Louisburg to Hender- 
son via Epson over Highway No .39, and an unnumbered highway 
between Warsaw and Wallace via Magnolia and over Highway No. 41 
between Wallace and Tin City. 

(15) Between Raleigh and Fayetteville via U. S. Highway No. 15 A, 
Raleigh, N. C, to Five Points (Cairo) ; N. C. Highway No. 55, Five 
Points (Cairo) to Angier; N. C. Highway No. 210, Angier to Lilling- 
ton; and U. S. Highway No. 15A, Lillington to Fayetteville; subject 
to the restriction hereinafter set forth. That in the operation granted 
in Order in Docket No. 1191 outlined above in this paragraph the 
Atlantic Greyhound Corporation shall not have the right to transport 
passengers originating at Raleigh destined to Fayetteville, passengers 
originating at Fayetteville destined to Raleigh, passengers originating 
at Raleigh destined to points on U. S. Highway No. 15A between 
Raleigh and Five Points (Cairo), including Five Points (Cairo), and 



Decisions and Adjustments of Complaints 75 

passengers originating at Fayetteville destined to points between Five 
Points (Cairo) and Raleigh on U. S. Highway No. 15A, nor passengers 
originating at Fayetteville destined to points beyond Raleigh not on 
the Atlantic Greyhound Lines. 

(16) Raleigh to North Carolina-South Carolina State' Line, near 
McCall, S. C, via U. S. No. 15A via Fuquay Springs, Kipling, Lilling- 
ton, Bun Level, Fayetteville, Raeford, Wagram and Laurinburg, with- 
out privilege of local operation between Raeford and Fayetteville and 
operation over that part of the route between Raleigh and Lillington 
being restricted to the transportation of passengers whose origin or 
destination is between Lillington and Fayetteville, not including either, 
and points included on the routes above given south of Fayetteville. 

(67) Between Walkertown and Winston-Salem over U. S. No. 311. 
(New U. S. Highway No. 311 between Walkertown and Winston- 
Salem.) See Line 2, Paragraph 1. 

(18) Between Raleigh and North Carolina-Virginia State Line via 
Creedmoor and Oxford over U. S. Highways Nos. 15A and 15. 

(19) Between Creedmoor and Camp Butner over the several un- 
numbered highways from 15 A to Camp Butner. 

(20) Between Smithfield and Castle Hayne over U. S. Highways 
Nos. 311, 701 and 421 via Clinton. 

(21) Between Angier and Erwin via Coats over N. C. Highway 
No. 55, Erwin and U. S. Highway No. 15 A via Linden over N. C. 
Highways 82 and 217. 

(22) Between Stokesdale and Reidsville over U. S. Highway No. 
158. (New State Highway No. 65.) 

Robert Ballard, 346 Haywood Road, West Asheville, N. C. Franchise Cer- 
tificate No. 559. 

Passenger. 

Routes: Between Starnes Cove and Asheville over Deaverview Road, 

Monte Vista Road and Pole Creek Road; thence over Pole Creek Road 

to Robinson's Store; thence to Asheville over N. C. Highways Nos. 19 

and 23, with the following limitations: 

That the applicant has the right to transport passengers originating 
in or destined to the areas traversed by Deaverview, Starnes Cove, 
Monte Vista and Pole Creek Roads to and from Asheville over U. S. 
Highway No. 19 but shall not solicit potential passengers of the Smoky 
Mountain Stages, Inc., nor hold itself out to transport passengers 
between Asheville and points along the U. S. Highways Nos. 19 and 23, 
and to not engage in intracity service in the City of Asheville. (In 
accordance with Commission's order dated June 4, 1943, in Docket 
No. 2864.) 

Barnardsville Bus Line, W. L. & P. P. Dillingham d/b/a, Barnardsville, 
N. C. Franchise Certificate No. 541. 
Passenger. 

Routes: From Rockview, N. C, west on North Fork Road four miles, 
then four miles east up Dillingham Road and back six miles over same 
road to Barnardsville, over State Highway No. 695 from Barnardsville 



76 N. C. Utilities Commission 

west two miles on same highway, southwest to Hughey's Store to inter- 
section State Highway 19 and 23 to Stocksville, joins highway into Ashe- 
ville. 

Beatty's Ford Bus Company, Charlotte, N. C. Franchise Certificate No. 
517. 
Passenger. 

Routes: From Charlotte over Beatty's Ford Road via Hopewell and 
Gilliad to a point known as Stillwell's Store on State Highway No. 73, 
six miles west of Cornelius. 

Beech-Asheville Bus Line, F. 0. Edwards, d/b/a, Weaverville, N. C. 
Franchise Certificate No. 554. 
Passenger. 

Routes: Transportation of passengers between Weaverville and Beech 
over Reems Creek Road, and to transport such passengers to and from 
Asheville and intermediate points over U. S. Highway No. 19. 

Bennett Transportation Company, Arthur Bennett and /or Christine 
Bennett, d/b/a, Wierwood, Norfolk, Virginia. Franchise Certificate 
No. 485. 
Property Carrier. 

Routes: Between Monroe, N. C, and Winston-Salem, Lenoir, Lumber- 
ton, Fayetteville, Rockingham, Durham, Greensboro, Salisbury, Gastonia, 
Wilmington, Charlotte, Rocky Mount, and Raleigh, North Carolina. 

Blue Eagle Bus Line, J. L. and P. Gilmer d/b/a, Winston-Salem, N. C. 
Franchise Certificate No. 521. 
Passenger. 

Route: Starting south on Main Street at Fourth Street to Third Street; 
west on Third Street to Liberty Street, north on Liberty Street to 
Patterson Avenue, north on Patterson to Glenn Avenue, north on Glenn 
Avenue to City Limits; thence from City Limits to Ogburn Station on 
Route U. S. 311, west from Ogburn Station to Oak Summit. 

Amended April 25, 1938, by adding Ogburn Avenue at Glenn and Chem- 
ical Avenue; thence with Ogburn Avenue to one block beyond Newton 
Street; thence to the right with Capps Street and return on Tise Avenue 
to Efird Street; thence with Efird Street to Glenn Avenue as outlined 
on a map of the City of Winston-Salem presented as exhibit No. 2-A. 

Blue Ridge Trucking Company, Nemiah Goldstein and Barnard Goldstein 
d/b/a, 101 South Lexington Street, Asheville, N. C. Franchise Cer- 
tificate No. 492. 
Freight. 

Routes: Asheville and Hendersonville over Highway No. 25; thence 
to Brevard over Highway No. ,64; thence from Brevard over Highways 
Nos. 280 and 191 to Asheville, daily beyond Brevard to Lake Toxoway 
via Rosman over Highway No. 64. 



Decisions and Adjustments of Complaints 77 

Brooks Transportation Company, Inc., Richmond, Va. Franchise Cer- 
tificate No. 469. 
Freight. 

Routes: From Virginia-North Carolina Line via Route 70 to Reidsville, 
via Route 158 to Wentworth and via Route 48 to Winston-Salem. 

The intrastate right granted to Brooks Transportation Company, Inc., 
Richmond, Va., between Virginia-North Carolina State Line via Route 
70 to Reidsville via Route 158 to Wentworth, Stokesdale and Winston- 
Salem, (Highway No. 158 was formerly 48 between Wentworth and 
Winston-Salem) and was carried in Certificate No. 469, has been leased 
to J. M. Goldston, Individual, doing business as Goldston Motor Express, 
for a period of one year with the privilege of extending the lease for 
five years and option to purchase at the end of one year from April 12, 
1939. 

Buckner Transfer Company, R. F. Buckner d/b/a, 101 South Lexington 
Avenue, Asheville, N. C. Franchise Certificate No. 442. 
Freight. 

Routes: Between Spruce Pine, N. C, and Asheville, N. C, daily. 

Burke Transit Company, Morganton, N. C. Franchise Certificate No. 498. 
Passenger. 

Routes: The following rights and routes copied from order dated May 
23, 1941, in Docket No. 2235: 

1. That the Burke Transit Company be and it is hereby granted 
Franchise rights to operate as motor vehicle passenger carrier over High- 
way No. 181 from Morganton to Salem and return from Morganton 
to Oak Hill and return. 

2. That the agreement entered into between the Burke Transit Com- 
pany and the Atlantic Greyhound Corporation, dated April 28, 1941, by 
which the Burke Transit Company will be permitted to operate as a 
passenger carrier from Morganton to Mt. Home and return and from 
Morganton to Piedmont Road and return over U. S. Highway No. 18, 
as lessee under the Franchise rights of the Atlantic Greyhound Cor- 
poration, be and the same is hereby approved, and the right to operate 
as passenger carrier within the limits and subject to the provisions of 
said agreement, it is hereby granted, a copy of said agreement to be 
attached to this order for reference to the provisions thereof. 

3. That the agreement entered into between the Burke Transit Com- 
pany and the Queen City Coach Company, dated May 9, 1941, by the 
terms of which the Burke Transit Company will be permitted to operate 
as passenger carrier from Morganton to Stamey's Service Station over 
U. S. Highway No. 70; thence to Drexel, over State Highway No. 114, 
and return, and from Morganton to Glen Alpine over U. S. Highway 
No. 70 and return, under franchise rights of the Queen City Coach Com- 
pany, be and the same is hereby approved, and the rights to operate 
as passenger carrier within the limits and subject to the provisions of 
said agreement is hereby granted, copy of said agreement to be attached 
to this order for reference to the provisions thereof. 



78 N. C. Utilities Commission 

C. & S. Motor Express Company, North Wilkesboro, N. C. Franchise 
Certificate No. 291. 
Freight. 

Routes: Between North Wilkesboro and Winston-Salem, N. C, via 
Highway 60, via Yadkinville and Brooks Cross Roads. 

Carolina Coach Company, Raleigh, N. C. Franchise Certificate No. 147. 
Passenger. 

Routes: In accordance with the agreements between the Carolina 
Coach Company and the Virginia-Carolina Coach Company, both of Ra- 
leigh, N. C, approved by the North Carolina Utilities Commission, in 
order dated the 26th day of June, 1941, Certificate No. 147, in favor of 
Carolina Coach Company, is amended and reissued to read as follows: 

1. Between Charlotte and Raleigh via the intervening towns of Con- 
cord, Salisbury, Lexington, High Point, Greensboro, Burlington and 
Hillsboro, over U. S. Highways Nos. 29 and 29-A between Charlotte and 
Salisbury; U. S. Highways Nos. 52, 29 and 70 between Salisbury and 
Lexington; U. S. Highways Nos. 29 and 70 between Lexington and 
Greensboro; U. S. Highway No. 70 and also via N. C. Highway No. 100 
between Greensboro and Burlington; U. S. Highway No. 70 between 
Burlington and Raleigh via Hillsboro and Durham, N. C; Highway No. 
54 between Graham and Nelson via Chapel Hill; U. S. Highway No. 70-A 
and U. S. Highway No. 15-A between Durham and Raleigh; between 
Graham and Burlington via N. C. Highway No. 87 ; and between Graham 
and Haw River via N. C. Highway 49. 

2. Between Charlotte and Raleigh via the intervening towns of Albe- 
marle, Mount Gilead, Biscoe, Carthage, Sanford, Moncure, Apex and 
Cary over N. C. Highway No. 27 between Charlotte and Carthage; U. S. 
Highways Nos. 1, 15 and 501 between Carthage and Sanford; U. S. 
Highways Nos. 15, 1, 64 and 501 between Sanford and Raleigh via Mon- 
cure, New Hill, Apex and Cary; also between N. C. Highway No. 27 
and Mount Gilead via N. C. Highway No. 73 and N. C. Highway 109; 
between Red Cross and Oakboro via N. C. Highway No. 742; between 
N. C. Highway No. 27 and Hemp via N. C. Highway No. 705. 

3. Between Raleigh and Fayetteville via the intervening towns of 
McCullers, Varina, Fuquay Springs, Lillington, Erwin, Dunn, Godwin 
and Wade over U. S. Highways Nos. 15-A, 421 and 301. 

4. Between Durham and Rocky Mount via the intervening towns of 
Wake Forest, Dunn, Spring Hope and Nashville over N. C. Highway 
No. 264, N. C. Highway No. 98 and U. S. Highway No. 64. 

5. Between Raleigh and Spring Hope via the intervening towns of 
Wendell, Zebulon and Pilot over U. S. Highway No. 64. 

6. Between Zebulon and Washington, N. C, via the intervening 
towns of Bailey, Wilson, Farmville and Greenville via U. S. Highway 
No. 264. 

7. Between Dunn and Rich Square, N. C, via the intervening towns 
of Smithfield, Selma, Lucama, Wilson, Pinetops, Macclesfield, Crisp, 
Tarboro, Leggett, Lawrence and Scotland Neck via U. S. Highway 
No. 301, between Dunn and Wilson; N. C. Highway No. 42 between 
Wilson and Pinetops; N. C. Highway No. 124 between the junction of 



Decisions and Adjustments of Complaints 79 

N. C. Highways Nos. 42 and 124 and Crisp ; an unnumbered County Road 
between Macclesfield and Pinetops; U. S. Highway No. 258 between the 
junction of N. C. Highway No. 43 and U. S. Highway No. 258 and 
Rich Square; N. C. Highway No. 44 between Tarboro and Leggett; and 
N. C. Highway No .95 between Leggett and Lawrence. 

8. Between Rocky Mount and Williamston via the intervening towns of 
Heartsease, Tarboro, Parmele and Robersonville over U. S. Highway 
No. 64. 

9. Between Goldsboro and Snow Hill via U. S. Highway No. 70 and 
N. C. Highway No. 102. 

10. Between Goldsboro and Greenville via the intervening towns of La 
Grange, Kinston, Grainger, Grifton and Ayden via U. S. Highway No. 
70 and N. C. Highway No. 11. 

11. Between Roanoke Rapids and Jacksonville, N. C, via the inter- 
vening towns of Weldon, Halifax, Enfield, Whitakers, Battleboro, Rocky 
Mount, Pinetops, Crisp, Farmville, Snow Hill, Kinston and Richlands 
and over Highways Nos. N. C. 47, U. S. 158, U. S. 301, N. C. 43, N. C. 
42 and U. S. 258. 

12. Between Durham and Chapel Hill via U. S. Highway No. 15. 
Amended June 26, 1941, subject to the conditions and otherwise in 

accordance with the order of October 1, 1940, to include the following 
streets in and about Kannapolis, N. C. : 

a. Main-East Seventh-Lane Elwood-Venus-Cannon Blvd. Ridge Ave. 

b. Main-East F-Centerview-Center Grove Rd. to Royal Oaks Develop- 
ment. 

c. Main-West First-Elm-Eighth - North Walnut - Eleventh - Kimball- 
Snipe-Main. 

d. Main-Beth Page Rd. 

13. Amended September 9, 1941, by adding: Wilson to Snow Hill via 
Nos. 264, 58 and 102; Snow Hill to Ayden over N. C. No. 102. (See 
Docket No. 2263, order dated July 30, 1941.) 

14. Amended September 9, 1941, by adding: From Greenville to Pine- 
tops via N. C. No. 43, serving Bruce and Falkland. (See Docket 2263, 
order dated July 30, 1941, as to Virginia-Carolina Coach Co.) The Com- 
mission reserves the right upon more convincing evidence of financial 
ability and necessity, to hereafter grant franchise rights to Paul T. Ricks 
from Rocky Mount to Norlina via State Highway No. 43, and the right 
to connect said route with Greenville over State Highway No. 43. (See 
order referred to in this paragraph.) 

Amended December 9, 1941, to include: Between intersection of High- 
way No. 95 and U. S. Highway No. 264 east of Zebulon and Lawrence 
over Highway No. 95 via intervening towns of Stanhope, Rocky Mount 
and Leggett. (Order in Docket No. 2450.) 

Amended June 29, 1942, to include: Raleigh to Garner via U. S. No. 
70, Garner to Benson via N. C. No. 50 ; thence to Fayetteville over exist- 
ing franchise rights. (As amended.) (See order in Docket No. 2448.) 

Amended June 30, 1942, to include: Kinston to Dunn via N. C. No. 55, 
serving Seven Springs, Mount Olive and Newton Grove. Dunn to Sanford 
via U. S. No. 421, serving Erwin, Buies Creek, Lillington, Mamers, 



80 N. C. Utilities Commission 

Broadway and Jonesboro (see Docket No. 1722), and N. C. 78, Jonesboro 
to Tramway. 

Amended August 5, 1942, by adding to Paragraph 12 the following: 

e. South Ridge Avenue, Plymouth Street, Packard Street and Cadillac 
Street. 

f. Westover Section-Enochville Road. (See Docket No. 2515.) (In and 
about Kannapolis.) 

Amended September 19, 1942, to include all existing roads in the 
Raleigh-Durham Airport and roads leading from Highways Nos. 70 and 
70 A into the Airport. (In accordance with order dated September 19, 
1942, in Docket No. 2673.) 

Amended September 21, 1942, to include: From junction of U. S. 
Highway No. 501 and Windsor Way Road; thence the Windsor Way 
Road through Hope Valley development to N. C. Highway No. 55 and 
thence by N. C. Highway No. 55 to Durham. (In accordance with order 
dated September 21, 1942, in Docket No. 2736.) (Also 4/10 of one mile, 
known as part of Highway No. 751 connecting No. 55 and No. 15, sub- 
ject to complaint and hearing. 

Amended December 18, 1942, to include: From Wake Forest to junc- 
tion of N. C. 98 and N. C. 264 via N. C. 264; thence to junction of 
N. C. 98 and N. C. 59 via N. C. 98 to Spring Hope. (In accordance with 
order of the Commission dated December 18, 1942, in Docket No. 2694.) 

Amended May 6, 1943, to include: Carrboro to Hillsboro via Highway 
No. 86. (See Docket No. 2738.) 

Amended May 6, 1943, to include: From Charlotte over the Carolina 
Coach Company's existing franchise on State Highway No. 27 to the 
junction of the Amity Road; thence to Hickory Grove via unnumbered 
road; thence via unnumbered road to Lemmond's Store on Plaza Road; 
thence via Plaza Road to Newell; thence via Plaza Road to Charlotte 
and return. (See Docket No. 2725.) Also l 1 /^ miles of unnumbered 
highway between Alexander's Store and Hickory Grove in Mecklenburg 
County and the Airport adjacent to said Hickory Grove. (Docket 2910.) 

Amended June 8, 1943, to include: Wilson to Norlina via N. C. 58 via 
Nashville, Castalia, Centerville, Liberia and Warrenton. (Docket No. 
1748.) 

Amended August 6, 1943, to include: From Burlington to Thomasville 
and return over State Highway No. 62; from Archdale to High Point 
and return over U. S. Highway No. 311; from the junction of State 
Highways Nos. 62 and 610 to High Point and return over said State 
Highway No. 610 and U. S. Highway No. 311. (In accordance with 
order of the Commission dated August 6, 1943, in Docket No. 2740.) 

Amended November 19, 1943, to include: From Lillington to Smith- 
field via N. C. 210 to junction with U. S. 70 and thence to Smithfield via 
U. S. 70 and return. (In accordance with order of the Commission dated 
November 19, 1943, in Docket No. 2739.) 

Amended February 9, 1944, to include: From Salisbury via old Salis- 
bury-Concord Road to junction with State Highway No. 152; thence 
with closed doors over said Highway 152 to junction of U. S. Highway 
No. 29 and return. (In accordance with order of the Commission dated 
February 9, 1944, in Docket No. 2816.) 



Decisions and Adjustments of Complaints 81 

Carolina Coach Company of Virginia, Richmond, Va. Franchise Cer- 
tificate No. 428. 

Passenger. 

Routes: In accordance with the agreements between the Virginia- 
Carolina Coach Company and the Carolina Coach Company, both of 
Raleigh, North Carolina, approved by the North Carolina Utilities Com- 
mission in order dated the 26th day of June, 1941, Certificate No. 428 
in favor of the Virginia-Carolina Coach Company is hereby amended and 
reissued to read as follows: 

1. Between Raleigh and the Virginia-North Carolina State Line north 
of Corapeake on N. C. Highway No. 32 via the intervening towns of 
Rolesville, Louisburg, Engleside, Warrenton, Littleton, Weldon, Garys- 
bury, Jackson, Conway, Murfreesboro, Winton, Gatesville and Sunbury 
over N. C. Highway No. 59, U. S. Highway No. 158 and N. C. Highway 
No. 32. 

2. Between the Virginia-North Carolina State Line north of Pleasant 
Hill, N. C, on Highway U. S. No. 301 to Garysburg, via Pleasant Hill 
over U. S. Highway No. 301. 

3. Between the intersection of N. C. Highway No. 47 and U. S. High- 
way No. 301 to the intersection of N. C. Highway No. 47 and U. S. High- 
way No. 158 via Roanoke Rapids over N. C. Highway No. 47. 

4. Between Rich Square and Virginia-North Carolina State Line via 
the intervening towns of Woodland, Murfreesboro and Como, over High- 
way No. 258. 

5. Between Woodland and Conway via Potecasi, over N. C. Highway 
No. 35; between intersection of N. C. Highways Nos. 305 and 35 and 
Woodland via N. C. Highway No. 35. 

6. Between Rich Square and Winston via the intervening towns of 
Aulander and Ahoskie, over N. C. Highways Nos. 305, 350 and 97. 

Rights purchased from J. C. Gilley d/b/a, Carolina-Virginia Lines. 

From Leaksville-Spray to North Carolina-Virginia State Line; desti- 
nation Danville, Virginia, via Draper over N. C. Highway No. 700 and 
U. S. Highway No. 29. 

From Leaksville-Spray to Burlington via N. C. Highway 87 to Reids- 
ville, N. C, from Reidsville to junction N. C. 87 and 100 via Thompson- 
ville, Altamahaw and Ossipee. From junction N. C. 87 and 100 to Bur- 
lington via N. C. 100. 

From Leaksville-Spray to North Carolina-Virginia State Line and 
Ridgeway via State Highway No. 87. 

From Leaksville-Spray to Greensboro via N. C. Highway 770 to Stone- 
ville and U. S. 220 from Stoneville to Greensboro via Mayodan, Madison 
and Summerfield, N. C. 

From Murfreesboro, N. C, to the Virginia State Line via Como over 
U. S. 258; Woodland to junction of U. S. 258-U. S. 158 via U. S. 258. 
Woodland to junction of N. C. 305-N. C. 35 via N. C. 35. (See order dated 
November 4, 1942, in Docket No. 2303.) 

(Route from junction of 158 to 258 to Murfreesboro not covered by 
order. Otherwise above conforms to our Certificate No. 428.) 



82 N. C. Utilities Commission 

Carolina Scenic Coach Lines, McD. Turner, owner, 231 E. Main Street, 
Spartanburg, S. C. Franchise Certificate No. 68. 

Passenger. 

Routes: Hendersonville, N. C. and Tryon, N. C, Highway No. 191; 
Elk Park, N. C. to the N. C.-S. C. State Line, near Cliffside, Highways 
Nos. 194, 19, 20 and 207 via Newland, Woodlawn, Marion and Ruther- 
fordton. 

Amended March 6, 1933, to include Hendersonville to Asheville, High- 
way No. 191, without privilege of picking up passengers in Henderson- 
ville for Asheville, except for that part of Asheville west of the French 
Broad River, known as West Asheville or in Asheville on the east side 
of the French Broad River for Hendersonville. 

Amended October 16, 1940: Above restrictions removed by order of 
court. 

Amended June 28, 1938, to include route from the North Carolina- 
South Carolina State Line to Shelby, North Carolina, over Highway 
No. 18. 

Amended December 18, 1939, to include between Shelby, N. C, and the 
South Carolina State Line via Patterson Springs and Earl. (This amend- 
ment was unopposed.) 

Carolina Stages, 207 Magnolia Street, Spartanburg, S. C. Franchise Cer- 
tificate No. 490. 
Passenger, Light Express and Mail. 

Routes: From North Carolina-South Carolina State Line to the City 
of Charlotte, N. C, by way of Shopton, Big Steel Creek Church, Neigh- 
borhood Store over Mecklenburg County Highway; also from one-half 
mile north of Big Steel Creek Church to Neighborhood Store (or Wil- 
mont) by way of Dixon and Brow Hill. 

Carolina Transportation Company, Wake Forest Road, Raleigh, N. C. 
Franchise Certificate No. 555. 
Freight. 
Routes : 

1. Between Raleigh and Greensboro via Durham, Hillsboro, Burlington 
and other intermediate points over U. S. Highways Nos. 70 and 70A, 
with alternate route via Graham, Chapel Hill and Nelson over U. S. No. 
70 and N. C. Highway No. 54; between Greensboro and High Point over 
U. S. Highways Nos. 70 and 29; and between High Point and Winston- 
Salem over U. S. Highway No. 311. 

2. Between Greensboro and Fayetteville via Liberty, Siler City, San- 
ford, and other intermediate points, over U. S. Highway No. 421 be- 
tween Greensboro and Sanford and over N. C. Highway No. 87 between 
Sanford and Fayetteville, and between Raleigh and Fort Bragg via 
Lillington and Manchester over U. S. Highway No. 15A and N. C. High- 
way No. 210 with no pickup and delivery except at Raleigh and Fort 
Bragg. 

3. Between Durham and Henderson via Oxford and other intermediate 
points over U. S. Highway No. 15 between Durham and Oxford and 



Decisions and Adjustments of Complaints 83 

over U. S. Highway No. 158 between Oxford and Henderson; between 
Raleigh and the North Carolina-Virginia State Line via Henderson and 
other intermediate points over U. S. Highway No. 1, destination Rich- 
mond, Virginia; between Raleigh and Henderson via Rolesville, Louis- 
burg, Ingleside and other intermediate points over N. C. Highway No. 
59 and N. C. Highway No. 39. 

4. Between Norlina, Roanoke Rapids and Weldon over U. S. Highway 
No. 158 with restrictions as follows: Traffic is limited to shipments to 
and from points west and south of Henderson. 

Amended August 3, 1944, to include: Between Raleigh and Fayetteville 
over Highway No. 21 and between Cardenas and Fayetteville over High- 
ways Nos. 55, 60 and 22 via Angier, Coats, Erwin, Dunn and Godwin. 
Lillington to Fayetteville via Manchester and Fort Bragg over High- 
ways Nos. 210 and 87; also over unnumbered highway from Fayetteville 
to entrance to Fort Bragg Reservation via State Normal School. (See 
order dated August 3, 1944, in Docket No. 3033.) 

Carolina Transportation Company, Wake Forest Road, Raleigh, N. C. 
Franchise Certificate No. 555-A. 

Freight. 

Routes: Between Raleigh, N. C, and Rocky Mount, N. C, Highway 
No. 64, Zebulon to Rocky Mount via Wilson, Highways Nos. 95, 264 and 
301; thence from Rocky Mount to Lawrence via Leggett, Highway No. 
95; thence Highway No. 258, Lawrence to Rich Square via Scotland 
Neck; thence Rich Square, Highway No. 305 to Aulander; thence Aulan- 
der to Elizabeth City over Highways Nos. 350, 97 and 158 via the towns 
and cities of Ahoskie, Winton, Roduco, Gatesville and Sunbury. 

Central Motor Freight Line, Incorporated, Asheboro, N. C. Franchise 
Certificate No. 495. 

Freight. 

Routes: From Raleigh to Charlotte over Highways Nos. 64, 62, 62A, 
52 and 27 via Asheboro, New London and Albemarle, subject to condi- 
tions set forth in the order of the Commission dated December 4, 1939. 

(Leased to Piedmont Trucking Company.) 

City Bus Company, John L. Loy d/b/a, Hendersonville, N. C. Franchise 
Certificate No. 551. 

Passenger. 

Routes: Dana Road from Chimney Rock Highway South to Dana 
Church; thence west to Dana Road to Old Spartanburg Highway. (This 
is a loop drive.) 

Amended December 1, 1942, by adding U. S. Route No. 25 from Hen- 
dersonville to Tuxedo, a distance of 8.1 miles. This amendment is added 
subject to agreement entered into between Atlantic Greyhound Cor- 
poration and John L. Loy t/a City Bus Company, dated November 1, 
1942. 



84 N. C. Utilities Commission 

City Bus Company, Gastonia, N. C. Franchise Certificate No. 426. 
Passenger. 

Routes: From Cramerton north across Route No. 20 to McAdenville 
and Lowell, including Spencer Mountain Highway to Priscilla Mills and 
back to Gastonia over Highway No. 29. 

From McAdenville to Mount Holly via McAdenville-Mount Holly hard 
surfaced road to Smith's Cross Roads; thence via an unnamed hard 
surfaced road to Acme, Stowe and North Belmont Mills to Highway 
No. 273, and thence via Highway No. 273 to Mount Holly. 

City Transit Company, John S. and H. M. Mayberry t/a, Elkin, N. C. 
Franchise Certificate No. 476. 
Passenger. 

Routes: From Elkin to State Road via Highway No. 21; thence through 
Jonesville and Arlington to Rena, also via Highway No. 21 ; thence Elkin 
over Highway No. 268 to intersection of County Road; thence to Austin 
and return via Pleasant Hill on County Road; thence Elkin to Cycle 
through Jonesville. 

Operation under this certificate shall be in accordance with agreement 
at the hearing between applicant and the attorney for the Atlantic Grey- 
hound Corporation as follows: 

Applicant to render hourly service in towns of Elkin, Jonesville and 

Arlington, but service outside of these towns to be limited to one 

schedule coming in and one going out on each shift of the mills served 

by the applicant. 

City Transit Company, K. Herman Fulk d/b/a, High Point, N. C. Fran- 
chise Certificate No. 483. 
Passenger. 

Routes: Docket No. 1708, order dated March 12, 1940. Leave corner 
of West Washington and Main Streets; turn right on Main Street; turn 
left on Main to East Green; turn right on East Green to South Hamilton; 
turn right on South Hamilton to Davis; turn right on Davis to South 
Main; turn left on South Main to City Limits; continue on State High- 
way No. 311 to forks of Highway No. 311 and Flynt Hill Road; turn 
right on Flynt Hill Road to the intersection of Highway No. 62 and 
Flynt Hill Road; turn left on State Highway No. 62 to State Highway 
No. 311; turn right on State Highway No. 311 for approximately six- 
tenths of a mile; stop and return same route. 

The following additional route will be covered during the early morn- 
ing hours and late afternoon hours ; turn right on State Highway No. 62 
and travel one mile to Trinity, N. C, return over same route to inter- 
section of State Highway No. 62 and Flynt Hill Road. 

Amended by order of February 12, 1943, Docket No. 2649, to include 

(a) over U. S. Highway No. 311 from the City Limits of High Point to 
the Oak View Road; thence over the Oak View Road to a point ap- 
proximately one-half mile west of the Oak View School and return; 

(b) from the point of intersection of U. S. Highway No. 311 with the 
intersection of State Highway No. 61 over said Highway No. 61 to the 



Decisions and Adjustments of Complaints 85 

intersection of State Highway No. 62, and return; (c) from the inter- 
section of State Highways Nos. 61 and 62 over said Highway No. 62 to 
its intersection with U. S. Highway No. 311, and return; be and the 
same is hereby granted, the applicant's certificate to be amended ac- 
cordingly upon presentation. 

That the route described in (c) not having been included in the ap- 
plication filed with and heard before the Commission but subsequently 
added at the request of the applicant, the rights herein granted as to 
that portion of said route described in (c) will be held subject to the 
right of the Commission to modify or cancel the same upon complaint 
and after hearing. 

Amended by order of January 20, 1943, Docket No. 2777, to include 

(1) Extend Allen-Jay School Line 1.7 miles down Highway No. 62. 

(2) Extend Archdale Line 2 miles down Highway No. 311. (3) Branch 
off Archdale Line to Springfield Road — continue to Highway No. 61, 2 
miles, connecting with Allen-Jay School Line. (4) Extend from City 
Limits at Green Street out Green Street extension to Kivett Drive over 
Green Street extension and return. 

Amended by order of April 16, 1943, Docket No. 2852, to include State 
Highway No. 62 from Trinity southwest approximately one mile to Far- 
low's Service Station, and return. 

City Transit Lines, John L. and P. Gilmer t/a, Winston-Salem, N. C. 
Franchise Certificate No. 539. 
Passenger. 

Routes: From the corporate limits of Winston-Salem southwardly on 
Holton Street extension to the Waughtown-Clemmons Road; thence west- 
wardly on the Waughtown-Clemmons Road and continuing to N. C. 150; 
thence northeastwardly on N. C. 150 to Arcadia Avenue extension. 
(Transferred from Certificate No. 503, Harry E. Nutting, and from 
Certificate No. 528, Kathryn N. Fulk.) 

Purchased from J. N. Brown by bill of sale dated October 31, 1942, 
by virtue of certificate issued by the City of Winston-Salem: Beginning 
in the bus zone at the northwest corner of Fourth and Liberty Streets; 
thence south on Liberty Street to Third Street, east on Third Street to 
Main Street, north on Main Street to Eighth and Liberty Streets, north 
on Liberty Street to Patterson Avenue, north on Patterson Avenue to 
Fourteenth Street, east on Fourteenth Street to English Street, north 
on English Street to Sixteenth Street, east on Sixteenth Street to Lib- 
erty Street, and north on Liberty Street to Twenty-second Street, east 
on Twenty-second Street to Cleveland Avenue, north on Cleveland Avenue 
to Twenty-fifth Street, east on Twenty-fifth Street to City Limits, re- 
turning over the same route to Eighth and Liberty Streets; thence south 
on Liberty Street to the point of beginning. 

Amended July 11, 1944, to include: From Konnoak Drive over Clem- 
mons Road to South Boulevard railroad crossing; thence over said South 
Boulevard to City Limits. (This addition includes only a few hundred 
yards of highway to connect up two runs for the purpose of running a 
loop instead of a turn around service, as heretofore.) 



86 N. C. Utilities Commission 

Colonial Bus Lines, D. T. Ramsey, d/b/a, Louisburg, N. C. Franchise 
Certificate No. 519. 
Passenger. 

Routes: Between Rocky Mount and Camp Butner via N. C. Highway 
No. 43 to Red Oak; thence over unnumbered highway from Red Oak to 
Nashville; thence over N. C. Highway No. 58 to junction of N. C. High- 
way No. 56, north of Castalia; thence over N. C. Highway No. 46 to 
Creedmoor via Louisburg and Franklinton; thence to Camp Butner 
over highways within and adjacent to the reservation. (See Docket No. 
2551 and order therein.) Wilson to Oxford via N. C. Highway No. 96. 

Colonial Motor Freight Line, High Point, N. C. Franchise Certificate 
No. 463. 
Freight. 

Routes: High Point to New Bern over U. S. Highway 70; High Point 
to Raleigh over U. S. Highway 70 ; to Washington over Highway No. 264 ; 
to Williamston over Highway No. 17; return over Route No. 64 to 
Raleigh; thence to High Point on U. S. Highway No. 70; High Point 
to Rockingham over U. S. Highway No. 220; to Wilmington on Highway 
No. 74; and return by Highway No. 421 to Julian; thence to High Point 
over Highway No. 61. 

Applicant may deliver commodities shipped by his line to consignee 
when the delivery point is not more than twenty-five miles removed from 
the routes as set out in the answer to question seven, and may accept 
shipments and call for same when the point of origin of such shipments 
is not more than twenty-five miles distant from said routes. 

Colonial Motor Freight Line, High Point, N. C. Franchise Certificate 
No. 463-A. 
Freight and Express. 

Routes: Between Charlotte, North Carolina, and New Bern, North 
Carolina, over Highways Nos. 29, 29A and 70 and 70A, and return via 
the intervening towns of Concord, Salisbury, Lexington, High Point, 
Greensboro, Burlington, Durham, Raleigh, Smithfield, Goldsboro and 
Kinston. 

For the purpose of operation the above route is divided into three 
sections as follows: Western Section from Charlotte to Greensboro; Cen- 
tral Section from Greensboro to Raleigh; Eastern Section from Raleigh 
to New Bern. No local operation in any one of the three sections. All 
shipments shall consist of movements from one section to the other. 

(For authority for this Certificate and the conditions and limitations 
thereon, see Docket No. 1316, order dated November 5, 1941.) 

Community Transit Lines, P. Gilmer, Agent, P. O. Box 1014, Winston- 
Salem, N. C. Franchise Certificate No. 510. 
Passenger. 

Routes: Guilford Station to Guilford College then Friendly Road to 
City Limits of Greensboro. Then Terrace Drive to West Market Street 
to Forbis Street, returning same route with stops on Market Street to 
pick up passengers. 



Decisions and Adjustments of Complaints 87 

Docket No. 2593: Greensboro to Groomtown via West Market Street, 
Aycock Street, Lovitt Street to the Freeman Mill Road; thence the Free- 
man Mill Road to the Groomtown Road ; thence over Groomtown Road to 
destination. 

Docket No. 2594: From High Point to Kirkman's Cross Roads via 
Washington Avenue and Kivette Drive Road. (Temporary authority 
pending order in Docket No. 2594.) 

Docket No. 2595: From Kernersville to High Point over city streets 
to Bunker Hill Road; thence Bunker Hill Road to Highway No. 311; 
thence over 311 to City Limits of High Point. 

Docket 2596: From Guilford Station to Kernersville over Highway 
421, Highways 68 and 150. 

Docket No. 2597: From Winston-Salem to Lawsonville and Virginia 
State Line via Cherry Street to Cherry Extension to Highway No. 8; 
thence to Highway 65 to Highway 311 to Highway 89 to the town of 
Danbury; thence from Danbury to destination. 

Docket No. 2598: From Walkertown to Kernersville via Highways 
Nos. 66 and 421. 

Docket No. 2600 : From Winston-Salem to Bethania via Liberty Street 
and Patterson Avenue to Grant Avenue to intersection of Highway 52-A, 
to New Old Town School Road to the Bathania Road; thence over Ba- 
thania Road to destination. 

Alternate to above route, pending completion of route described in 
Docket No. 2600: Winston-Salem via Cherry Street and Cherry Street 
Extension to Piney Grove Road, Old Town Road to Highway 421; thence 
to Highway 67; thence on 67 to Old Town School; thence Bathania Road 
to town of Bathania. 

Beginning at Mount Airy and running thence over Federal Highway 
52 to Bannertown; from Bannertown to Westfield, Danbury and Walnut 
Cove over State Highway 89; through Walnut Cove over Federal High- 
way 311 to State Highway 65; thence over State Highway 65 to Belew's 
Creek and Stokesdale; from Stokesdale over 158 to junction of Highway 
68; thence over 68 to Oak Ridge and Friendship; thence over Federal 
Highway 421 to Guilford College Station; thence over State Highway to 
Guilford College; thence over Friendly Road from Guilford College to 
Greensboro and returning to Mount Airy over the same route. 

(In accordance with Commission's order dated February 9, 1944, in 
Docket No. 2928) : From Kivett Drive to High Point through Oakdale 
Mill Village and Jamestown to Guilford College Station and return. 
(See order dated June 16, 1944, in Docket No. 2876.) 

Conover-Newton Bus Line, Newton, N. C. Franchise Certificate No. 473. 



Routes: From Conover to Newton via U. S. Highway No. 321 and 
N. C. Highway No. 70. (Applicant holds authority from both Newton 
and Conover to operate between each town and this certificate grants 
authority to extend the operation from either town to the other over 
highways mentioned above.) 



88 N. C. Utilities Commission 

Danville and Durham Motor Freight Line, J. A. Mannooch, Owner, 726 
Temple Avenue, Danville, Va. Franchise Certificate No. 312. 
Freight. 

Routes: Durham to the North Carolina-Virginia State Line, destina- 
tion Danville, Virginia, via Highways Nos. 55, 48 and 14, via Roxboro 
and Leasburg; Spray to the North Carolina-Virginia State Line via 
Highways Nos. 770, 54, 48 and 70 via Reidsville; Spray to the North 
Carolina-Virginia State Line via the highway following the Dan River. 
(Authority to pick up in Spray for Reidsville or in Reidsville for Spray is 
not granted.) 

Dillingham Brothers, T. L. and-O. M. Dillingham t/a, Barnardsville, 
N. C. Franchise Certificate No. 563. 



Routes: From Dillingham and Democrat, N. C, and any point between 
said towns when destined to Asheville or when destined to any point 
intermediate to Asheville, and return from Asheville and points between 
Asheville and Stocksville, including Stocksville when such passengers 
are destined to Democrat or to Dillingham or points between Democrat 
and Dillingham. Termination of the authority governed herein will be 
dependent upon the extent to which abatement of emergency transpor- 
tation conditions may be affected by the progress of the war and by the 
manner in which the applicant responds to the conditions hereof and our 
rules and regulations governing the transportation of passengers by 
motor vehicle. 

Durham-Dunn Bus Company, Stacey W. Wade and Lewis M. Wade, 
d/b/a, Fuquay Springs, N. C. Franchise Certificate No. 533. 
Passenger. 

Routes: From Dunn to Durham via Erwin, Coats, Angier, Fuquay 
Springs, Varina, Holly Springs, Apex, Carpenter and Lowes Grove via 
following routes: Dunn to Erwin over N. C. Highway No. 55, Erwin to 
Coats, Angier, Fuquay Springs, Varina, Holly Springs and Apex via 
N. C. Highway No. 55; Apex to Carpenter and Lowes Grove to Durham 
via County Road. 

This certificate issued for the period of the war and six months there- 
after, governed by order of the Commission dated the 10th day of De- 
cember, 1942, in Docket No. 2726. 

Durham Transportation Corporation, Durham, N. C. Franchise Cer- 
tificate No. 515. 
Passenger. 

Routes: From Durham to Camp Butner over Highway No. 15, and 
from Highway No. 15 over any road to said camp entrance that now 
exists or may hereafter be constructed, provided: That said operation 
between Durham and the point on Highway No. 15, at which the operation 
leaves said Highway No. 15 for the camp entrance, shall be with closed 
doors from the limits of Durham, except for bona fide workmen at the 
camp. 

Subject to conditions, limitations and provisions fully set out in the 
order of this Commission dated April 28, 1942, in Docket No. 2360. 



Decisions and Adjustments of Complaints 89 

Engelhard-Washington Bus Company, Mrs. S. M. Gibbs, Owner, Swan 
Quarter, N. C. Franchise Certificate No. 401. 

Passenger. 

Routes: Between Washington and Engelhard; Washington over Route 
No. 91, via Belhaven, Scranton, Swan Quarter to Engelhard. June 12, 
1940. 

Amended May 4, 1937, to include Highway No. 92 from the intersec- 
tion of Highway No. 91 to Bayview and community 

Effective June 13, 1937, by virtue of the authority contained in cer- 
tificate filed with this office, this certificate is transferred to Mrs. S. M. 
Gibbs, making her sole owner of the operation. 

Amended September 7, 1939, to include Engelhard, N. C, over unnum- 
bered highway on the north side of Mattamuskeet Lake to Fairfield; 
thence over Highway No. 94 to Columbia via Kilkenny with Gum Neck 
as off route point, if and when the road between Gum Neck to the inter- 
section of Highway No. 94 can be traveled by bus with safety. 

Fort Bragg Coach Company, Fayetteville, N. C. Franchise Certificate 
No. 166. 
Passenger. 

Routes: Between Fayetteville and Fort Bragg, Highway No. 53. Per- 
mission is hereby granted to Fort Bragg Coach Company to lease to 
Greensboro-Fayetteville Bus Line the operation called for in the fore- 
going Franchise Certificate No. 166, in accordance with lease agreement 
entered into August 21, 1931, on file with the Commission, which became 
effective September 1, 1931. 

Frederickson Motor Express Corporation, P. O. Box 1146, Charlotte, 
N. C. Franchise Certificate No. 70. 
Freight. 

Routes: Charlotte to Greensboro, U. S. Highways Nos. 29 and 29-A; 
Lexington to Winston-Salem, U. S. Highway No. 52; Charlotte to States- 
ville, U. S. Highway No. 21 ; Charlotte to Lenoir, N. C, Highway No. 27 
and U. S. Highways Nos. 64 and 321; Charlotte to Asheville via Shelby 
and Hendersonville, U. S. Highways Nos. 74, 64 and 25 and via Cliffside 
over N. C. Highway No. 120 and thence to Forest City over U. S. High- 
way No. 221; and Gastonia to Belmont via N. C. Highway No. 7; 
Statesville to Winston-Salem, U. S. Highways Nos. 64 and 158; Salis- 
bury to Asheville via Statesville, U. S. Highways Nos. 64 and 70 ; Shelby 
to Lincolnton, N. C. Highway No. 150; Cherryville to Bessemer City, 
N. C. Highway No. 274 and No. 161, Kings Mountain to Gastonia; 
Hickory to Asheville, U. S. Highways Nos. 64 and 70. 

Off route points: Cramerton, Drexel, Lawndale, Fallston, Derita, Latti- 
more, Boiling Springs, Flat Rock, N. Flat Rock, Ruth, Mt. Pleasant, 
Catawba, Bryce. 



90 N. C. Utilities Commission 

Gastonia Transit Company, Inc., Gastonia, N. C. Franchise Certificate 
No. 526. 
Passenger. 

Routes: (1) Gastonia to Myrtle Hill via Franklin Ave. to Grayson's 
Curve; thence along N. C. No. 7 to Myrtle Hill, and return along same 
route. 

(2) Gastonia to Victory Mill via Broad St. to Gastonia Combed Yarn 
Corporation; thence via Fifth Ave. for one block to Marietta St.; thence 
via Marietta St. to Marietta St. Extension via Seminole Mill and Osceola 
Mill ; thence via an unnamed hard-surfaced highway to Victory Mill, and 
return same route. 

(3) Gastonia to Orthopaedic Hospital via East Franklin Ave. to 
Belvidere Ave.; thence along Belvidere Ave. to Wilkinson Boulevard to 
New Hope Road; thence along New Hope Road to Orthopaedic Hospital, 
and return by same route. 

(4) Gastonia to Ridge Hill via York St. to Third Ave.; thence along 
Third Ave. to Chester St. (U. S. No. 3211) ; thence along Chester St. to 
Seventh Ave.; thence along Seventh Ave. to York St.; thence along 
York St. and U. S. 321 to Ridge Hill, and return along same route. 

(5) Gastonia to Davidson Ave. via Dallas St. to Page Ave.; thence 
along Page Ave. to North York St.; thence along North York St. to 
Davidson Ave.; thence along Davidson Ave. to Marietta, and return 
along same route. 

(6) Over Airline Ave. via Gaston Ave., Linwood St., Carolina Ave., 
Jackson Road to York Road, and return along same route. 

Gate City Transit Lines, T. A. Clarke and L. F. Barnard t/a, 108 N. 
Davie Street, Greensboro, N. C. Franchise Certificate No. 538. 

Passenger. 

Routes: Over U. S. Highway No. 220 from the City Limits of Greens- 
boro to Fairfield; thence over an unnumbered county road to State 
Recreation Park; thence to the left over an unnumbered road to Guilford 
National Park (Old Battle Ground) ; thence to right over an unnumbered 
road crossing the railroad on an overhead bridge by a pumping station 
at Lake Brant to Hillside; thence over State Highway No. 150 to Sum- 
merfield and return over same route. Leave Greensboro over Highway 
No. 421 to the intersection of State Highway No. 22 — 3 miles; thence 
over No. 22 to Pleasant Garden, a distance of eight miles from the center 
of Greensboro. 

Gate City Transit Lines, T. A. Clarke and L. F. Barnard t/a, 108 N. 
Davie Street, Greensboro, N. C. Franchise Certificate No. 538-A. 

Passenger. 

Routes: From 108 N. Davie Street, Greensboro Bus Terminal, going 
south on Davie Street via underpass to South Elm Street; south on 
South Elm Street to West Lee Street; west on Lee Street to South Ashe 
Street; south on Ashe Street to Fertilizer Road; then east on Fertilizer 
Road via Fertilizer Plants to Asheboro Street; thence Alamance Road; 
thence to Alamance School. Return same route to East Washington 



Decisions and Adjustments of Complaints 91 

Street; east on East Washington Street to Forbis Street; north on Forbis 
Street to Mebane Street; thence west to North Davie Street to Bus 
Terminal. 

Georgia Motor Express, Inc., 10 Krog Street, N. E., Atlanta, Georgia. 
Franchise Certificate No. 421. 
Freight. 

Routes: Between Asheville, N. C, and the North Carolina-Georgia 
State Line, destination Atlanta, Georgia, via Waynesville, Sylva and 
Franklin, Highways Nos. 10 and 285, without privilege of local opera- 
tion on that part of route between Asheville and Waynesville. 

Goldsboro Transportation Company, Inc., Goldsboro, N. C. Franchise 
Certificate No. 552. 
Passenger. 

Routes: From Goldsboro to Airport Army Camp (Seymour Johnson 
Field), 2.2 miles outside the city limits to entrance to said Airport and 
Army Camp over N. C. Highway No. Ill; from Goldsboro to Airport 
Army Camp (Seymour Johnson Field), 1.6 miles outside of city limits 
to entrance of said Airport Army Camp (Seymour Johnson Field) over 
U. S. Highway No. 70. 

That the rights herein granted be construed as temporary only, to 
cease and determine at the will of the military authorities in charge of 
said camp and that the rights herein granted over any highway or 
highways outside of the city limits of Goldsboro over existing routes of 
the franchise carriers shall be construed as a temporary permit with 
full right on the part of the Commission to cancel the same upon a 
hearing with notice to franchise carriers affected, certificate to be issued 
accordingly upon compliance with the rules and regulations of the Com- 
mission with respect to service outside of the City of Goldsboro and out- 
side of the camp area. 

Goldston Motor Express, J. M. Goldston d/b/a, Spray, N. C. Franchise 
Certificate No. 402. 
Freight. 

Routes: Between Draper and Greensboro via Leaksville-Spray and 
Reidsville, Highways Nos. 770, 54, 48 and 70 and between Leaksville 
and Winston-Salem via Stoneville, 770 and 77; Reidsville to Burlington 
over State Highway No. 87 and return. 

The intrastate right granted to Brooks Transportation Company, Inc., 
Richmond, Va., between Virginia-North Carolina State Line via Route 
70 to Reidsville via Route 158 to Wentworth, Stokesdale and Winston- 
Salem (Highway No. 158 was formerly 48 between Wentworth and 
Winston-Salem), and was carried in Certificate No. 469, has been leased 
to J. M. Goldston, individual, doing business as Goldston Motor Express, 
for a period of one year with the privilege of extending the lease for 
five years and option to purchase at the end of one year from April 12, 
1939. 



92 N. C. Utilities Commission 

Granville Transportation Company, Oxford, N. C. Franchise Certificate 
No. 512. 

Passenger. 

Routes: Between Oxford via Stem to Army Camp and return. Pending 
completion of the old Oxford Road the applicant will be permitted to 
operate over Highway No. 15 and such other roads in the vicinity of the 
camp as may be necessary in order to reach the proper destination in 
the camp area. 

Great Southern Trucking Company, Charlotte, N. C. Franchise Certifi- 
cate No. 462. 

Freight. 

Routes: (a) From Charlotte to Asheville via Belmont, Gastonia, Kings 
Mountain, Shelby, Forest City, Spindale, Rutherfordton and Henderson- 
ville, and intermediate points, over U. S. Highways Nos. 29 and 74 
from Charlotte to Kings Mountain; thence over U. S. No. 74 from Kings 
Mountain to Asheville with alternate route from Bat Cave to Henderson- 
ville over U. S. Highway No. 64, and thence from Hendersonville to 
Asheville over U. S. Highway No. 25, and serving Belmont as an off -route 
point; 

(b) From Charlotte to Greensboro via Concord, Kannapolis, Landis, 
China Grove, Salisbury, Spencer, Lexington, Thomasville and High 
Point, and intermediate points, over U. S. Highways Nos. 29 and 29-A, 
over the entire route, and over U. S. Highway No. 70 from Salisbury 
to Greensboro; and 

(c) From Charlotte to High Point via Albemarle, New London, Ashe- 
boro and Archdale, and intermediate points, over N. C. Highway No. 
27 from Charlotte to Albemarle, over N. C. Highway No. 49-A from 
Albemarle to New London, over N. C. Highways Nos. 49-A and 49 
from New London to Asheboro, and thence over U. S. Highway No. 311 
from Asheboro to High Point. 

Green sboro-Fayetteville Bus Line, Inc., Asheboro, N. C. Franchise Cer- 
tificate No. 101. 

Passenger. 

Routes: Greensboro to Fayetteville via Asheboro, Pinehurst, Southern 
Pines, Aberdeen and Raeford, Highways Nos. 70, 75, 702, 50, 70 and 24 ; 
Greensboro to Fayetteville via Sanford, Highways Nos. 60 and 53; 
Durham to Rockingham via Sanford and Hamlet, Highways Nos. 75, 50, 
204 and 20; Candor to Rockingham via Norman and Ellerbe, Highways 
Nos. 170 and 75; High Point to Asheboro, Highways Nos. 77 and 70; 
Asheboro to Siler City via Ramseur, Highway No. 90. 

Franchise Certificate No. 101 of which the foregoing is a renewal, 
having been hypothecated on February 11, 1931, to J. D. Ross, Asheboro, 
N. C, authority is hereby granted to hypothecate the foregoing Franchise 
Certificate No. 101 issued May 26, 1931, to the Greensboro-Fayetteville 
Bus Line, Inc., to J. D. Ross, Asheboro, N. C, as security for certain 
bonds, subject to the continuing right of the Utilities Commission of 
North Carolina to approve the purchaser under any foreclosure sale. 



Decisions and Adjustments of Complaints 93 

Amended October 23, 1940, to include: Between Fayetteville and Fort 
Bragg Reservation over Highway No. 210 via State Teacher's College, 
Gardner's Chapel, Shaw Station and overhead bridge to intersection 
of old Highway No. 210, north of Manchester. 

Amended February 1, 1941, to include an unnumbered highway from 
Vass, N. C, through Fort Bragg Military Reservation to Raeford, N. C. 

Amended June 16, 1941, to include Fayetteville to Lillington over 
State Highways Nos. 87 and 210 via Manchester. 

Amended June 28, 1942, to include: Pittsboro to Graham over N. C. 
87; thence to Burlington over N. C. 54. 

Greenville-Brevard Bus Line, Edwin C. King d/b/a, Route No. 2, 
Greenville, S. C. Franchise Certificate No. 543. 

Passenger. 

Routes: Between Brevard, N. C. and the North Carolina-South Caro- 
lina State Line over U. S. No. 276. 

Heath Springs Bus Lines, Inc., 214 Main Street, Rock Hill, S. C. Fran- 
chise Certificate No. 557. 

Passenger. 

Routes: For the route contained in an agreement between Queen City 
Coach Company of Charlotte, N. C, and Charlotte Suburban Lines, Inc., 
of Charlotte, N. C, with Heath Springs Bus Lines, Inc., of Rock Hill, 
S. C, and contained in orc'er issued by the Commission in Docket No. 
3019, dated November 10, 1943. 

Helms Motor Express, Mrs. Mabel D. Burton, Owner, Albemarle. Fran- 
chise Certificate No. 273. 

Freight. 

Routes: Raleigh to Charlotte via Sanford, Carthage, Biscoe, Troy, 
Wadeville, Mount Gilead, Albemarle, Red Cross and Allen over National 
Highway No. 1; 

Raleigh to intersection of National Highways Nos. 15 and 501, six 
miles south of Sanford; thence with Nos. 15 and 501 to Carthage; thence 
with State Highway No. 27 to Troy; thence with No. 109 to Mount 
Gilead; thence with No. 75 to Albemarle; thence with No. 27 to Char- 
lotte; Albemarle to Salisbury over U. S. Highway No. 52. 

Durham to Aberdeen via Chapel Hill, Pittsboro, Sanford, Cameron, 
Vass and Southern Pines, National Highways Nos. 15, 501 and 1; Aber- 
deen to Pinehurst, National Highways Nos. 15 and 501, and Pinehurst to 
Southern Pines, Highway No. 2. 

Pittsboro to Raleigh via Apex and Cary, Highway No. 64. 

Pinehurst to Biscoe via West End, Eagle Springs, Samarcand and 
Candor over Highway No. 2. 

Pinehurst to Carthage via Highways Nos. 15 and 501. 

Aberdeen to Raeford over Highway No. 211; thence over Highway 
No. 15-A to Fayetteville and return. (See Docket No. 1178.) 

Chapel Hill to Durham via Highways Nos. 15 and 501. 

Aberdeen to Hoffman over U. S. Highway No. 1 for the duration of 
the war and not to exceed six months thereafter. 



94 N. C. Utilities Commission 

Helms Motor Express, Mrs. Mabel D. Burton, Owner, Albemarle, N. C. 
Franchise Certificate No. 273-A. 
Freight. 
Routes: 

1. Charlotte over N. C. 27 to Albemarle; to Wadeville, to Troy, to 
Biscoe, to Hemp; thence to Carthage; thence over U. S. 501 to Sanford; 
thence to Jonesboro, to Lillington over U. S. 421 to Erwin; thence over 
No. 55, Erwin to Dunn; to Newton Grove, to Mount Olive; thence Mount 
Olive to Goldsboro over U. S. 117; thence Goldsboro to Snow Hill over 
N. C. 102; thence Snow Hill to Farmville over U. S. 258; thence Farm- 
ville to Greenville to Grimesville to Chocowinity over U. S. 264; thence 
to Washington over U. S. 17. 

2. Lillington over N. C. 210 to Angier, to Smithfield; thence over U. S. 
70 to Pine Level to Princeton to Goldsboro. Carthage over U. S. 501 to 
Pinehurst; thence over N. C. 211 to Aberdeen to Sanatorium to Raeford; 
thence over U. S. 15-A to Fayetteville ; thence over N. C. 24 to Stedman 
to Roseboro to Clinton to Warsaw to Kenansville to Beulaville to Rich- 
lands; thence over U. S. 258 to Jacksonville; thence over U. S. 17 to 
Kellum, to Maysville to Pollocksville to New Bern. Kenansville over N. C. 
11 to Pink Hill to Deep Run to Kinston; thence over U. S. 70 to Fort 
Barnwell to Jasper to New Bern to Riverdale to Cherry Point. Pine- 
hurst to Southern Pines over N. C. 2 ; thence Southern Pines to Aberdeen 
over U. S. 1. 

S. A. & H. L. Hennis Freight Lines, Mount Airy, N. C. Franchise Cer- 
tificate No. 487. 
Freight. 

Routes: Between Winston-Salem and Burlington, Mebane and Durham, 
U. S. Routes 421 and 70; between Winston-Salem and Reidsville, U. S. 
Routes 158 and N. C. 65; between Winston-Salem and Madison, U. S. 
Route 311; between Winston-Salem and Mount Airy, U. S. Route 52; 
between Winston-Salem and Boone, U. S. Route 421. 

Restricted to leaf tobacco packed in hogsheads, baskets or sheets; 
empty hogsheads, hogshead material and equipment and supplies used 
in the handling and packing of leaf tobacco. 

Independence Bus Lines, John L. and Powell Gilmer and wives t/a, 
Winston-Salem, N. C. Franchise Certificate No. 516. 
Passenger. 

Routes: Between Winston-Salem and Lewisville over County Road. 
Amended June 27, 1942, to include: Unnumbered Highway from Lewis- 
ville to Yadkin River Dam Site; thence to Clemmons and return over 
same route. This amendment to be for the duration of the war as other- 
wise limited by statute for the life of the certificate. 

Keeter's Bus Company, Mooresville, N. C. Franchise Certificate No. 513. 
Passenger. 

Routes: Between Mooresville and Kannapolis over Highways Nos. 150 
and 152, subject to the reservations, restrictions and conditions set out 
in agreement dated March 26, 1942, between the Carolina Coach Com- 
pany and Harry Keeter trading as Keeter's Bus Company. 



Decisions and Adjustments of Complaints 95 

Laurinburg & Southern Railroad Company, Laurinburg, N. C. Fran- 
chise Certificate No. 520. 
Freight, Express and Mail. 

Routes: From Raeford, N. C, to Johns, N. C, via Laurinburg, over 
U. S. Highways Nos. 501 and 15-A. 

Lawndale Bus Company, 0. S. Hunt d/b/a, Lawndale, N. C. Franchise 
Certificate No. 549. 



Routes: Beginning at Lawndale; thence over an unnumbered highway 
to Caesar; thence over Highway No. 10 to Polkviile; from Polkville over 
Highway No. 26 to Owen's Service Station; thence over an unnumbered 
Highway to Double Shoals; thence back to Owen's Service Station; 
thence down Highway No. 26 to Shelby; from Shelby over Highway No. 
18 to Fallston; from Fallston over Highway No. 180 to Lawndale. 

Lawndale Railway & Industrial Company, Lawndale, N. C. Franchise 
Certificate No. 566. 
Freight. 

Routes: Between Lawndale and Shelby over N. C. Highways Nos. 
180 and 18 via Fallston, and over N. C. Highways 180 and 26 via Polk- 
ville. 

C. A. Lea Transportation Company, Burlington, N. C. Franchise Certifi- 
cate No. 470. 
Passenger. 

Routes: Beginning within the corporate limits of the City of Burling- 
ton at the intersection of Trollinger Street and South Park Avenue via 
South Park Avenue to Hoke Street; thence along Hoke Street to West 
Front Street; thence along Front Street to Spring Street; thence along 
Spring Street from East Front Street to Davis Street; thence along 
Davis Street to Anthony Street; via Anthony Street to Webb Avenue; 
thence along Anthony Street to corporate limits of City of Burlington 
and beyond said corporate limits along Anthony Street to Queen Anne 
Street in Burlington Mills Section; thence along Queen Anne Street to 
Graham Street; thence along Graham Street to Beaumont Avenue via 
Beaumont Avenue to Midway Avenue; thence on Midway Avenue to 
Hopedale Road; thence along Graham and Hopedale Road to corporate 
limits of Town of Graham and Graham Depot; thence along Washington 
Street to Providence Street; via Providence Street and North Main 
Street to Courthouse in Graham, N. C, and return. 

L. J. N. Trucking Company, Incorporated, North Wilkesboro, N. C. 
Franchise Certificate No. 482. 
Freight. 

Routes: Between North Wilkesboro and Boone, Route No. 60; thence 
over Route No. 221 to West Jefferson and Jefferson; thence over Route 
No. 16 to North Wilkesboro, making daily round trips. 



96 N. C. Utilities Commission 

Leicester Bus Line, Glenn Ray d/b/a, 7 Redfern St., Asheville, N. C. 
Franchise Certificate No. 506. 

Passenger. 

Routes: Between Leicester over County Home Road, Emma Road to 
Asheville city limits; thence with West Haywood to destination on 
Patton Avenue, Highway No. 63. 

Lenoir Motor Coach Company, H. D. McLean d/b/a, Lenoir, N. C. 
Franchise Certificate No. 475. 

Passenger. 

Routes: 1. Over North Main Street in City of Lenoir, Finley Avenue, 
Scroggs Avenue, Vance Street and Blowing Rock Road, U. S. Highway 
No. 321 from city limits to Warrior, a distance of about two miles. 

2. West Avenue, West Harper Avenue, Beall Street, Maple Drive, 
Virginia Street, and State Highway No. 90 from city limits to Ander- 
son's Store, a distance of about three miles. Dog Ridge Road and Harper- 
town Road, Oak Street. 

3. South Main Street, East Harper Avenue, Montview Avenue, Nor- 
wood Street and State Highway No. 90 from city limits to the forks of 
the Wilkesboro and Taylorsville Road, a distance of about \ x k miles. 

4. South Main Street, South Mulberry Street, Olive Avenue, State 
Highway No. 321 from city limits to intersection of Connolly Springs 
Road; thence out said road to Old Collier's M. E. Church, Harrisburg 
Road, Miller Hill Road, Underdown Avenue, Hill Street, College Avenue. 

5. From Lenoir 1.9 miles to Collettsville via Warrior. 

Lincolnton Bus Company, J. R. Lewis, Owner, 32 S. Lexington Avenue, 
Ashevilk, N. C. Franchise Certificate No. 416. 
Passenger. 

Routes: Between Gastonia, N. C, and Lincolnton, N. C, over State 
Highway No. 16. 

J. S. Mallory, Fletcher, N. C. Franchise Certificate No. 535. 
Passenger. 

Route: Between Wilkes Store, near Asheville-Henderson Airport and 
Asheville as per routing on reverse side hereof: From Wilkes Store near 
Asheville-Henderson Airport over Hooper Creek Road to Mills Gap 
Road; then down Cane Creek Road to Tweeds Chapel; from Tweeds 
Chapel over Concord Road back to Mills Gap Road on to Busbee and 
the Sweeten Creek Road to Asheville. 

Mars Hill-Weaverville Bus Line, N. J. Holcombe and V. V. Holcombe 
d/b/a, Asheville, N. C. Franchise Certificate No. 433. 
Passenger. 

Routes: Between Asheville Union Bus Station and Mars Hill, N. C, 
over Highways Nos. 23 and 36. 

Amended April 11, 1938, as follows: Beginning at Craggy across 
French Broad River on Gorman's Bridge on temporary Highway No. 63 
to its intersection with State Highway No. 630; along and over said 
Highway to Elk Mountain Cotton Mill; thence County Lateral Road 



Decisions and Adjustments of Complaints 97 

known as Elk Mountain Road to Brown's Store; thence Burnsville Hill 
Road to its intersection with temporary Highway No. 63 at Woodfin; 
thence State Highway No. 63 to its intersection with Lexington Avenue 
within the City of Asheville; thence over such streets as permitted by 
the city to the Union Bus Terminal. 

Mecklenburg Bus Lines, Inc., Route No. 9, Box No. 129-A, Charlotte, 
N. C. Franchise Certificate No. 547. 

Passenger. 

Routes: From Charlotte over U. S. No. 74 to intersection of County 
Highway No. 80; thence over No. 80 to its intersection with County 
Highway No. 71; thence on No. 71 in a southeastern direction to its 
intersection with County Highway No. 70, Hoods Crossroads; thence 
with County Highway No. 70 to Mint Hill; thence from Mint Hill east 
over No. 70 to its intersection with County Highway No. 98, Bartlett's 
Store. Thence return over No. 70 to Mint Hill; thence from Mint Hill 
over County Highway No. 70 to intersection with County Highway 
No. 7; thence with No. 7 in a northwest direction to its intersection with 
County Highway No. 74; thence with No. 74 to its intersection with 
County Highway No. 71; thence with County Highway No. 71 to its 
intersection with County Highway No. 80; thence in a western direction 
with County Highway No. 80 to its intersection with U. S. No. 74; thence 
with U. S. No. 74 to the City of Charlotte. (In accordance with Com- 
mission's order dated April 2, 1943, Docket No. 2754.) 

Miller Motor Express, W. W. Miller, Jr., Charlotte, N. C. Franchise 
Certificate No. 304. 

Freight. 

Routes: Charlotte to the N. C.-S. C. State Line, Highways Nos. 26 and 
261, destination Fort Mill, Rock Hill and Chester, S. C; Charlotte to 
Hamlet via Monroe, Wadesboro, Rockingham, Highway No. 20; Laurin- 
burg to Fayetteville via Raeford, Highway No. 24; Fayetteville to Lum- 
berton, Highway No. 22; Lumberton to Wilmington via Bolton, High- 
ways Nos. 211 and 20, without privilege of local operation on Highway 
No. 20 between Bolton and Wilmington. 

(Amendment of September 20, 1932: No freight shipments shall be 
picked up in Laurinburg, Lumberton or Fayetteville destined to any point 
on Route 20 east of Hamlet nor in Wilmington or Fayetteville destined 
to any point on Route 20 east of Hamlet, except such shipments as may 
be received in intercharge traffic from another motor transit or steam- 
ship line.) 

Effective from and after September 19, 1933, in accordance with pro- 
visions of order of the Commission of that date, the routes covered by 
the foregoing Franchise Certificate No. 304 shall be : Charlotte to the 
N. C.-S. C. State Line, Highways Nos. 26 and 261, destination Fort Mill, 
Rock Hill and Chester, S. C; Charlotte to Wilmington via Monroe, 
Wadesboro, Rockingham, Hamlet, Laurinburg, Lumberton and Bolton, 
Highway 20 ; Laurinburg to Fayetteville via Raeford, Highway No. 24 ; 
Fayetteville to Lumberton, Highway No. 22; Lumberton to Bolton, High- 
way No. 211. 



98 N. C. Utilities Commission 

C. D. Noblett Cars, C. D. Noblett d/b/a, 27 Clayton Street, Asheville, 
N. C. Franchise Certificate No. 537. 
Passenger. 

Routes: Between Asheville, N. C, and foot of Pisgah Mountain over 
Sand Hill and Pisgah Roads via Enka and return. 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308. 
Passenger. 

Routes: Elizabeth City, N. C, and the N. C.-Va. State Line, destina- 
tion Norfolk, Va., via Highway No. 34, and Camden, Sligo and Moyock; 
Washington, N. C, to the N. C.-Va. State Line, destination Norfolk, Va., 
Highways Nos. 30, 342, 34 and 341 via Williamston, Windsor, Edenton, 
Elizabeth and South Mills ; Williamston to Columbia via Plymouth, Roper 
and Creswell, Highway No. 90. 

Amended October 18, 1941, to include: Between Elizabeth City and 
Weeksville over N. C. Highway No. 170. 

October 18, 1941. 

Amended March 10, 1942, to include: Between South Mills and Sun- 
bury over N. C. Highway No. 30 and U. S. Highway No. 17. (Docket 
No. 2562, order dated March 10, 1942.) 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308-A. 
Passenger and Freight. 

Routes: Between Knott's Island (which is detached from the main land 
of North Carolina by Currituck Sound) from the North Carolina- Virginia 
State Line over Highway No. ____ to Woodley; thence to Knott's Island 
for both interstate and intrastate passenger and freight traffic. 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308-B. 
Freight. 

Routes: Between the Virginia State Line and Elizabeth City, N. C, 
over Routes 34 and 30. Between Virginia State Line and Elizabeth City, 
N. C, over U. S. Route 17. From Elizabeth City, N. C, to Edenton, N. C, 
over U. S. Route No. 17. From Edenton, N. C, to connection with U. S. 
Route No. 64 over N. C. Route No. 172. From Plymouth, N. C, to Wash- 
ington, N. C, over N. C. Route No. 97-264. From Washington, N. C, to 
New Bern, N. C, over U. S. Route No. 17. March 6, 1941. (The above 
rights transferred from Virginia Carolina Transportation Company 
Certificate No. 233.) 

Amended October 18, 1941, to include: Between Elizabeth City and 
Weeksville over N. C. Highway No. 170. 

From New Bern to Bridgeton over State Highway No. 17; thence via 
Highway No. 302 to Oriental. (In accordance with order dated July 28, 
1939, in Docket No. 1534.) 



Decisions and Adjustments of Complaints 99 

Norfolk Southern Bus Corporation, Norfolk, Va. Franchise Certificate 
No. 308-C. 
Freight. 

Routes: Between Washington, N. C, and Swan Quarter, N. C, over 
U. S. Highway No. 264 on N. C. 91. From Swan Quarter, N. C, to 
Engelhard, N. C, over U. S. No. 264 and return. 

Norfolk Southern Railroad Company, Norfolk, Va. Franchise Cer- 
tificate No. 522. 
Freight. 

Routes: Over U. S. Highway No. 220 and State Highway No. 211 to 
and from stations and from station to station on their rail line between 
Asheboro and Aberdeen and that all freight shipments under the rights 
granted in Commission's order dated September 20, 1941, Docket No. 
2262, shall be deemed rail shipments, made on Norfolk Southern Railroad 
Company's regular bills of lading and at rail rates. 

For the operation of trucks for the transportation of intrastate 
freight and express between Candor and Ellerbe over Highway No. 220, 
as a substitute for rail operation, paralleling the rail line between these 
points as set forth in Commission's order dated June 4, 1942, Docket No. 
2121. 

Norvick Transfer Company, Abram Jerome Norvick d/b/a, 700 N. Cam- 
eron Street, Winchester, Va. N. C. address: Winston-Salem, N. C. 
Franchise Certificate No. 564. 
Freight. 

Routes: Between Winston-Salem, N. C, and N. C.-Virginia State Line 
Highway No. 77, destination Roanoke, Va. (See Docket No. 3077.) 

Oteen Bus Company, Inc., 98 Patton Avenue, Asheville, N. C. Franchise 
Certificate No. 411. % 

Passenger. 

Routes: Leave Asheville from Pack Square, over College Street into 
Highway No. 20 (now U. S. Highways Nos. 70 and 74) ; thence through 
Beaucatcher Tunnel down to the intersection of Highways Nos. 10 and 
20 at Haw Creek School; thence follows U. S. Highway No. 74 (by Jack 
Weaver's restaurant) via Municipal Golf Course and Recreation Park 
to property known as United States Public Health Hospital at Oteen. 
(This route formerly operated by Oteen Bus Line.) 

Amended June 4, 1942, to include: From Oteen to plant of Beacon 
Manufacturing Company at Swannanoa over Grassy Branch Road via 
Riceville and Farm School and return over same route for duration of 
the war and six months thereafter. (See Docket No. 2585 and order 
dated June 4, 1942.) 

Overnite Transportation Company, 712 Hull Street, Richmond, Va. 
Franchise Certificate No. 511. 
Freight. 

Routes: From Wilmington to Durham via Clinton, U. S. Highway No. 
421; Clinton to Dunn via U. S. Highway No. 701 to Newton Grove and 



100 N. C. Utilities Commission 

Highway No. 55 to Dunn; Dunn to Erwin via U. S. Highway No. 421; 
Erwin to Raleigh via Highway No. 55 and U. S. Highway No. 15-A; 
Raleigh to Durham via U. S. Highway No. 15-A, N. C. Highway No. 9 
and U. S. Highway No. 70. (These routes transferred from Certificate 
No. 455, Ward Transfer Company.) 

Amended June 22, 1942, to include: Between New Bern and Atlantic 
via Beaufort, Highway No. 70; Beaufort to the intersection of Highway 
No. 101 with No. 70 near Havelock, Highway No. 101. (This was for- 
merly owned and operated by Hurley Geringer, Certificate No. 321.) 

Amended January 6, 1944, to include: Between Sanford and Fayette- 
ville over Highway No. 87 and Wilmington, N. C, Highways Nos. 53, 
421 and 117, without privilege of local operation south of Ward's Corner 
on Highways 421 and 117; Sanford to Carthage over U. S. Highways 
Nos. 501 and 15; Carthage to Greensboro via N. C. Highways Nos. 27, 
22 and 421 via Hallison, High Falls, Coleridge, Ramseur, Franklinville 
and Climax with closed doors between Carthage and Sanford with no 
pickup in Sanford for Greensboro nor in Greensboro for Sanford. (In 
accordance with order of the Commission dated January 6, 1944, in 
Docket No. .3047.) (These routes transferred from Southern Consoli- 
dated, Inc., Certificate No. 532.) 

Amended April 21, 1944, by adding Mount Airy to Greensboro via 
Winston-Salem over Highways Nos. 52 and 421. (In accordance with 
Commission's order dated April 14, 1944, in Docket No. 3094.) 

Pait's Transfer, Grover Pait d/b/a, Bladenboro, N. C. Franchise Cer- 
tificate No. 540. 
Freight. 

Routes: Between Bladenboro and other intrastate points for duration 
of the war. 

Parkway Bus Company, Incorporated, North Wilkesboro, N. C. Fran- 
chise Certificate Nf. 486. 
Passenger. 

Routes: Between North Carolina-Virginia State Line South of Galax, 
Virginia, to Mount Airy, N. C, over N. C. Highway No. 89. 

Amended December 2, 1940, to include the following: Sparta to States- 
ville via Laurel Springs, Highways Nos. 18, 421 and 115. (This route 
formerly owned and operated by S. N. & S. Line under Certificate No. 
459.) 

Amended December 2, 1940, to include the following: Salisbury to 
Mount Airy over Highway No. 601, from Salisbury to Booneville via 
Mocksville and Yadkinville; thence over Highway No. 67 from Boone- 
ville to Elkin; thence over Highway No. 268 from Elkin back to High- 
way No. 601; thence to Mount Airy via Dobson and White Plains and 
return. (This route formerly owned and operated by E. O. Woodie d/b/a, 
Salisbury-Mount Airy Coach Company, Salisbury, N. C, Certificate 
No. 479.) 

Amended November 5, 1941, to include: Between Salisbury and 
Winston-Salem over N. C. Highway No. 150 to junction of N. C. High- 
way No. 150 and U. S. Highways Nos. 29 and 70; thence over U. S. 



Decisions and Adjustments of Complaints 101 

Highways Nos. 29 and 70 to Salisbury with the following conditions as 
set forth in Commission's order of October 17, 1941, in Docket No. 2043 
from which is quoted the following: 

"(a) The said E. O. Woodie shall establish, with the approval of 
the Commission a schedule which will leave Salisbury in the morning 
and arrive at Winston-Salem by or before 9:00 A. M., a return 
schedule shall be established to leave Winston-Salem for Salisbury 
not earlier than 5:00 P. M. 

(b) The Piedmont Coach Company shall establish, with the ap- 
proval of the Commission, a schedule that shall leave Winston-Salem 
in the morning to arrive at Salisbury by or before 9:00 A. M., a return 
schedule shall be established that shall leave Salisbury for Winston- 
Salem not earlier than 5:00 P. M. 

(c) The said E. O. Woodie and the Piedmont Coach Company may 
establish other schedules on this route, with the approval of the Com- 
mission, but they shall be in an equal ratio as between the two fran- 
chise operators. However, either of the two operators may, with the 
approval of the Commission, and without prejudice to its franchise 
rights, forego establishing schedules to equal in number those that 
have been established by the other operator. 

In the event of the sale by either company of franchise rights herein 

granted, the other company shall be given the option of purchasing 

such rights." 

Subject to the foregoing conditions, a certificate has been issued to 
Piedmont Coach Company of even date of this certificate. 

Amended January 27, 1942, to include: From junction of No. 18 and 
No. 89 via N. C. No. 18 to Sparta and Laurel Springs over N. C. No. 88 
to junction at No. 16; thence to Jefferson via No. 16; thence via No. 221 
to West Jefferson; thence No. 221 to Jefferson; thence No. 16 to Miller's 
Creek; thence U. S. No. 421 to North Wilkesboro from Traphill and 
Elkin via County Highway with the condition that no turn-around trips 
be operated between Miller's Creek and North Wilkesboro, N. C. (Docket 
No. 2032.) 

Amended March 10, 1942, to include: N. C. Highway No. 152 between 
Rockwell and China Grove. (Docket No. 2557.) 

Amended March 1, 1944, to include: Beginning at North Wilkesboro 
via N. C. Highway No. 115 to junction 115 and 901; thence over 901 
via Union Grove and Harmony to junction of 901 and 64; thence over 64 
via Mocksville, Fork and Reed's Cross Roads to Lexington. (In accord- 
ance with Commission's order dated February 9, 1944, in Docket No. 
2985.) 

Amended August 1, 1944, to include: Between Champion and North 
Wilkesboro over sand clay County Road via Congo, Buck and Cricket; 
thence over U. S. 421, with closed doors two and one-half miles to North 
Wilkesboro; thence from North Wilkesboro over Highway 421, two and 
one-half miles to Glassey's Store at the intersection of the Old Boone 
Trail Highway; thence over Old Boone Trail Highway to Fishing Creek 
Church, Oak Ridge Church and Delia Plain to intersection of Highway 
421 south of Roaring River; thence over said Highway 421 two and 



102 N. C. Utilities Commission 

one-half miles to Ronda Road; thence with Ronda Road via Clingman 
to Ronda; thence over Highway 268 to Elkin and return same route. 
(See order of the Commission dated August 10, 1944, in Docket No. 
3148.) (Transferred from Independent Coach Lines, Certificate No. 536.) 

Parkway Bus Company, Incorporated, North Wilkesboro, N. C. Franchise 
Certificate No. 486-A. 
Passenger. 

Routes: Doughton, N. C, and Wilkesboro via Traphill and Hayes. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454. 
Passenger, Light Express and Mail. 

Routes: From Wadesboro to New London via Albemarle over U. S. 
No. 52. From New London to the intersection of Nos. 49 and 49-A and 
109 over Nos. 49 and 49-A and from said intersection over No. 109 to 
Winston-Salem via Thomasville. 

Amended June 13, 1944, to include Ritchie's Lake near the intersec- 
tion of 49 and 49-A as an off route point. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 

454-A. 
Passenger, Light Express and Mail. 

Routes: Between Salisbury, N. C, and Norwood, N. C, via Albemarle, 
Highway No. 52 and between Albemarle and Badin County Highways. 

Amended August 9, 1943, to include Highway No. 740 between Albe- 
marle and New London via Moonset Inn and Badin. (See order of the 
Commission dated August 9, 1943.) 

Moonset Inn being an off route point on unnumbered road between 
Highway No. 740 and Morrow Mountain State Park. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-B. 
Passenger, Light Express and Mail. 

Routes: Extract from Commission's order of February 9, 1940: 

1. That upon compliance with the rules and regulations of this Com- 
mission a certificate of convenience and necessity shall be granted to 
the Piedmont Coach Company to operate a motor vehicle carrier of 
passengers, mail, newspapers and light express from Albemarle to David- 
son via Concord over N. C. Highway No. 73 and return. 

2. A certificate of convenience and necessity be granted to the Pied- 
mont Coach Company to operate a motor vehicle carrier of passengers, 
mail, newspapers and light express from the intersection of N. C. High- 
ways Nos. 109 and 62 (now 49) in Davidson County to Burlington via 
Asheboro over N. C. Highway No. 62 (now 49) ; thence over U. S. 
Highway No. 220 to intersection of U. S. Highway No. 220 and N. C. 
Highway No. 62 (now 49) ; thence over N. C. Highway No. 62 (now 49) 
to Graham; thence over North Carolina Highway 54 to Burlington and 
return. 



Decisions and Adjustments of Complaints 103 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-C. 
Passenger, Light Express and Mail. 

Routes: Between Salisbury and Winston-Salem over N. C. Highway 

No. 150 to junction of N. C. Highway No. 15-0 and U. S. Highways Nos. 

29 and 70; thence over U. S. Highways Nos. 29 and 70 to Salisbury 

with the following conditions as set forth in Commission's order of 

October 17, 1941, in Docket No. 2333 from which is quoted the following: 

"(a) The said E. O. Woodie shall establish, with the approval of 

the Commission a schedule which will leave Salisbury in the morning 

and arrive at Winston-Salem by or before 9:00 A. M., a return schedule 

shall be established to leave Winston-Salem for Salisbury not earlier 

than 5:00 P. M. 

(b) The Piedmont Coach Company shall establish, with the approval 
of the Commission, a schedule that shall leave Winston-Salem in the 
morning to arrive at Salisbury by or before 9:00 A. M., a return 
schedule shall be established that shall leave Salisbury for Winston- 
Salem not earlier than 5:00 P. M. 

(c) The said E. O. Woodie and the Piedmont Coach Company may 
establish other schedules on this route, with the approval of the Com- 
mission, but they shall be in an equal ratio as between the two franchise 
operators. However, either of the two operators may, with the approval 
of the Commission, and without prejudice to its franchise rights, forego 
establishing schedules to equal in number those that have been estab- 
lished by the other operator. 

In the event of the sale by either company of franchise rights herein 
granted, the other company shall first be given the option of pur- 
chasing such rights." 
Subject to the foregoing conditions, a certificate has been issued to 

E. O. Woodie d/b/a, Salisbury-Mount Airy Coach Company of even 

date of this certificate. 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-D. 
Passengers, Light Express and Mail. 

Routes: From Badin on N. C. Highway No. 740 to New London; 
thence over N. C. 49-A to intersection of N. C. 49; thence over N. C. 49 
to intersection of N. C. 49 and N. C. 8; thence over N. C. 8 to Lex- 
ington. 

Amended July 1, 1944, to include: Between Lexington and Reed's 
Cross Road's over U. S. Highway No. 64, a distance of approximately 
five miles. (See order dated February 9, 1944, in Docket No. 2997.) 

Piedmont Coach Company, Wadesboro, N. C. Franchise Certificate No. 
454-E. 
Passengers, Light Express and Mail. 

Routes: From Mount Pleasant over N. C. 49 to the intersection of 
N. C. 49-A via Richfield. 



104 N. C. Utilities Commission 

Piedmont Mountain Freight Lines, Inc., Charlotte, N. C. Franchise 
Certificate No. 502. 
Freight. 

Routes : Routes transferred from Franchise Certificate No. 489 : North 
Wilkesboro to Elkin via N. C. Highway No. 268; Elkin to Sparta via 
U. S. Highway No. 21 ; Sparta to the North Carolina-Virginia State Line 
via U. S. Highway No. 21. 

Routes transferred from Franchise Certificate No. 410: Between 
Statesville and North Wilkesboro via N. C. Highways Nos. 90 and 16. 

Routes transferred from Franchise Certificate No. 484: Between North 
Wilkesboro and Charlotte via Taylorsville, Conover, Newton and Lincoln- 
ton, over N. C. Highway No. 16; U. S. Highway No. 321 and N. C. 
Highway No. 27, provided that the said Piedmont Mountain Freight Lines 
shall not deliver or accept any freight or express at any point which 
was being served by Fredrickson Motor Express on December 30, 1937, 
except shipments from North Wilkesboro to Newton and from Newton 
to North Wilkesboro; and to include operation over Highway No. 18 
between Wilkesboro and Lenoir via Kings Creek and Bocmer. 

Piedmont Mountain Freight Lines, Inc., Charlotte, N. C. Franchise 
Certificate No. 502-A. 
Freight. 

Routes: From Charlotte to Mount Airy over Highways Nos. 21, 268 
and 601 via Statesville, Elkin, Burch and Dobson, with the following 
conditions : 

"Closed doors and no pickup and delivery in Charlotte for States- 
ville and points intermediate thereto northbound; and no pickup at 
Statesville nor points intermediate between Statesville and Charlotte 
going south." 

Mount Airy to Mocksville over U. S. Highway No. 601 and Mocksville 
to Statesville over U. S. Highway No. 64 with Cooleemee as off route 
point. 

Between Mooresville and Winston-Salem over Highway No. 801 to 
junction with U. S. Highway No. 601; thence over No. 601 to Mocksville; 
thence over U. S. No. 158 via Barber, Cooleemee, Mocksville and Clem- 
mons with the following off route points: Mazeppa, Mt. Ulla, Bear Pop- 
lar, Woodleaf, Cornatzer, Bixby, Advance, Idols, Muddy Creek, Atwood 
and Frontis. (The above routes transferred from Certificate No. 480, 
J. W. Lowther d/b/a, Lowther Trucking Company.) 

Piedmont Mountain Freight Lines, Inc., Charlotte, N. C. Franchise 
Certificate No. 502-B. 
Freight. 

Routes: Between Mount Airy and Greensboro via Winston-Salem and 
Kernersville, Highways Nos. 66 and 60, U. S. Highways Nos. 52 and 
421; Mount Airy to North Carolina-Virginia State Line over Highway 
No. 52 and 89 via Bottom and Low Gap. (See supplemental order in 
Docket No. 1586 dated February 23, 1940.) (Transferred from Blizard 
Motor Express, Inc., Certificate No. 448.) 



Decisions and Adjustments of Complaints 105 

Piedmont Trucking Company, W. C. Lucas, Pearlie M. Lucas and A. B. 
Cox d/b/a, Asheboro, N. C. Franchise Certificate No. 509. 

Freight. 

Routes: In order of February 24, 1942, the Commission approved the 
applicant's lease of Central Motor Freight Line, Inc., beginning the first 
day of March, 1942, or within five days of the approval of the lease, to 
the first day of March, 1944, subject to such continuing rights as the 
lease agreement may permit. 

The applicant purchased Earl's Transfer from Earl W. Cox, Asheboro, 
N. C, effective on or before April 1, 1942, the Commission to be advised 
of the date when applicant actually assumes control, all the rights, title 
and interest in Franchise Certificate No. 501 in favor of Earl's Transfer, 
Earl W. Cox, Owner, dated September 26, 1941, and covering the 
following routes: Asheboro to Randleman to High Point over Highway 
No. 311; Asheboro to Liberty to Burlington over Highway No. 49; Ashe- 
boro to Candor to Ellerbe to Rockingham over Highway No. 220; Rock- 
ingham to Laurinburg over Highway No. 74; Laurinburg to Aberdeen 
on Routes Nos. 15 and 501; Aberdeen to Pinehurst to West End to 
Candor over Highway No. 211; return to Asheboro over Highway No. 220. 

Queen City Coach Company, Charlotte, N. C. Franchise Certificate No. 
240. 

Passenger. 

Routes: Routes covered by Franchise Certificate No. 240, Queen City 
Coach Company, upon renewal as of February 1, 1940. Since the issuance 
on February 1, 1937, of Certificate No. 240, of which this is a renewal 
under Chapter 136, Public Laws of 1927 and amendments thereto, the 
State Highway Commission has changed practically all of the highway 
route numbers and this certificate in being renewed has been made to 
conform to the new numbers, in accordance with the Highway Map, dated 
1939, but in changing the numbers, the cities en route have been named 
so as to properly locate the highways operated by the owner of this 
certificate and its predecessors. 

(1) Between Wilmington and Asheville, over U. S. Highway No. 74, 
via the towns and cities of Leland, Chadbourn, Boardman, Lumberton, 
Maxton, Rockingham, Wadesboro, Monroe, Matthews, Charlotte, Gas- 
tonia, Shelby, Rutherfordton, Lake Lure, and Fairview. 

(1-a) Between Chadbourn and N.C.-S. C. State Line over U. S. 
Highway No. 76 via Cerro Gordo and Fair Bluff. 

(1-b) Between Boardman and Fairmont over N. C. Highway No. 71, 
via Orrum. 

(1-c) Between Lumberton and N. C.-S. C. State Line over N. C. High- 
way No. 41, via Fairmont. 

(1-d) Between Fayetteville and intersection of N. C. Highway No. 
87 with U. S. Highway No. 74 near Acme over N. C. Highway 87, via 
Tarheel, Dublin and Elizabethtown. 

(1-e) Between Raeford and Elizabethtown over N. C. Highway No. 
211 and U. S. Highway No. 701, via Red Springs, Lumberton, Bladen- 
boro, and Clarkton. 



106 N. C. Utilities Commission 

(1-f) Between Fayetteville and N. C.-S. C. State Line over U. S. 
Highway No. 301, via St. Paul, Lumberton and Rowland. 

(1-g) Between Maxton and Goldsboro over N. C. Highway No. 71, 
U. S. Highway No. 301, N. C. Highway No. 102 and U. S. Highway No. 
117 via Red Springs, Parkton, Fayetteville and Newton Grove. 

(1-h) Between Wadesboro and N. C.-S. C. State Line over U. S. High- 
way No. 52 via Morven and McFarlan. 

(1-i) Between Monroe and N. C.-S. C. State Line over N. C. Highway 
No. 151. 

(1-j) Between intersection N. C. Highway No. 7 with U. S. Highway 
No. 74, over N. C. Highway 7 via Belmont, McAdenville, Lowell and 
Gastonia. 

(1-k) Between Gastonia and Cherryville over N. C. Highway No. 274, 
via Bessemer City; and between Bessemer City and Kings Mountain 
over N. C. Highway No. 161. 

(1-1) Between Bat Cave and Hendersonville over U. S. Highway No. 
64 via Edneyville. 

(1-m) Between Monroe and N. C.-S. C. State Line (Lancaster) via 
N. C. Highway No. 200. 

(1-n) Between Shelby, N. C, and Salisbury, N. C, over N. C. Highway 
No. 150 via Cherryville, Lincolnton and Mooresville. 

(2) Between Salisbury and N. C.-Tenn. State Line over U. S. High- 
way No. 70, N. C. Highways Nos. 212 and 208 via Statesville, Hickory, 
Morganton, Marion, Asheville, Marshall and Walnut. (Destination over 
N. C. Highway 208 to Greeneville, Tenn., and over N. C. Highway No. 
212 to Erwin, Tenn.) 

(2-a) From junction U. S. Highway No. 70 and N. C. Highway No. 
10 to Newton over N. C. Highway No. 10 via Catawba. 

(2-b) Between Asheville and N. C. -Tennessee State Line over U. S. 
Highway No. 23 via Weaverville, Swiss and Ramseytown. 

(2-c) Between Forks of Ivey via Mars Hill over N. C. Highways Nos. 
213, 213-A, and N. C. Highway No. 36 and N. C.-Tenn. State Line via 
Faust and Little Creek. 

(2-d) Between Mars Hill over N. C. Highway No. 213, U. S. High- 
ways Nos. 23, 19-E and N. C.-Tenn. State Line near Elk Park via Swiss, 
Burnsville, Micaville, Spruce Pine, Ingalls, Plumtree, and Cranberry. 

(2-e) Between Blowing Rock, N. C, and Marion over U. S. Highway 
No. 221 via Linville, Pineola, Crossnore, Linville Falls, Asheford and 
Woodlawn. 

(2-f) Between Elk Park and Ingalls over N. C. Highway No. 194 via 
Newland and Crossnore. 

(2-g) Between Newland and Linville over N. C. Highway No. 181. 

(2-h) Between Marion and Bakersville over N. C. Highway No. 26 
via Little Switzerland and Penland. 

(2-i) Between Asheville and Oteen over N. C. Highway No. 81 via 
Biltmore and Recreation Park. 

(2-j) From junction U. S. Highway No. 70 and N. C. Highway No. 
10 to Newton over N. C. Highway No. 10 via Catawba. 



Decisions and Adjustments of Complaints 107 

(3) Between Elk Park and Charlotte over N. C. Highway No. 194, 
U. S. Highway No. 321, and N. C. Highway No. 27 via Heaton, Valle 
Cruris, Sugar Grove, Vilas, Boone, Blowing Rock, Lenoir, Hickory, 
Newton, Lincolnton and Mt. Holly. 

(3-a) From Charlotte to junction County Road and N. C. Highway 
No. 27 at Paw Creek over N. C. Highway No. 271 and County Road. 

(4) Between Fayetteville and Jacksonville over N. C. Highway No. 24 
via Clinton, Warsaw, Kenansville and Richlands and from Kenans- 
ville to Kinston over N. C. Highway No. 11 via Deep Run and Pink Hill. 

(4-a) Between Roseboro and Salemburg over N. C. Highway No. 242. 
(4-b) Between Clinton and Dunn over U. S. Highway No. 421. 

(5) Between Wilmington and Fort Fisher over U. S. Highway No. 
421 via Carolina Beach. 

(6) The agreement between Queen City Coach Company and the 
Queen City Lines, Inc., as of August 24, 1932, is hereby carried forward 
as between the Queen City Coach Company and the Atlantic Greyhound 
Corporation. The agreement above referred to provides that neither 
company shall operate any schedule which departs from Charlotte for 
Kings Mountain or from Kings Mountain for Charlotte within one hour 
by the departure of any schedule operated by the other company except 
by the mutual consent of both parties in writing by and with the 
approval of the N. C. Utilities Commissioner, and further provided 
that each shall have an equal right to operate between Charlotte and 
Kings Mountain over both the old and new N. C. State Highways by 
way of the towns of Belmont, McAdenville, Lowell, Ranlo and Gastonia. 

(7) Authority is hereby granted the Queen City Coach Co., Inc., to 
hypothecate the foregoing Franchise Certificate No. 240, dated Febru- 
ary 1, 1940, to the American Trust Co., trustee, as security for indebted- 
ness amounting to $68,850 to the B. & H. Coach Line, Inc., as outlined 
in deed of trust, dated November 25, 1932, and filed with the Utilities 
Commission, subject to the continuing right of the Utilities Commission 
of North Carolina to approve the purchaser under any foreclosure sale. 
February 1, 1940. 

Amended July 15, 1940, subject to complaint and hearing, to include 
State Highway No. 78 from Hamlet to Gibson, N. C, thence over High- 
way No. 79 to the North Carolina-South Carolina State Line, destination 
Bennettsville, S. C. 

Amended February 3, 1941, by adding: From U. S. Highway No. 421 
to the entrance gate of Cape Fear River Shipyards south of Wilmington. 

Amended February 3, 1941, by adding: From U. S. Highway Nos. 
29 and 74, just west of Charlotte over the Dixie Highway to the Army 
Air Base. 

(The above two amendments are made under the Federal Defense 
Emergency Program.) 

Amended May 23, 1941, to include Highway No. 114 between U. S. 
Highway No. 70 and Drexel. 

Amended September 30, 1941, by adding: Charlotte to Waxhaw over 
State Highway No. 16 via Weddington; thence over State Highway No. 
75 to Monroe. 



108 N. C. Utilities Commission 

R. & R. Transit Company, Inc., 700 West Salisbury Street, Asheboro, 
N. C. Franchise Certificate No. 465. 

Passenger. 

Routes: Over North Fayetteville Street and Highway No. 220 to the 
intersection of Highway No. 62, located three-tenths of a mile beyond 
the end of the city franchise limit; thence over Highway No. 62 to Cen- 
tral Falls, a distance of approximately four miles. From Asheboro over 
Highway No. 220 and Highway No. 62 to a point about two miles be- 
yond Central Falls; the intersection of said Highway No. 62 with County 
Road; thence over County Road to Cedar Falls; thence by nearest route 
over County Road to intersection in Highway No. 64; thence over High- 
way No. 64 to Asheboro. 

Amended October 21, 1938, to include: See Docket No. 1336 for agree- 
ment with Queen City Coach Company. (Greensboro-Fayetteville Bus 
Line, Inc.) 

Amended June 9, 1942, to include: That part of Highway No. 49 from 
Central Falls to the intersection of Millboro Road; thence over Mill- 
boro Road to Worthville; thence to Highway No. 220. 

Amended April 4, 1942, to include: See Docket No. 2539 for agreement 
with Atlantic Greyhound Corporation. 

Amended August 18, 1942, to include: See Docket No. 2752 for agree- 
ment with Greensboro-Fayetteville Bus Line, Inc. 

Amended March 23, 1943, by adding: From Asheboro over Highway 
No. 902 to Coleridge and from Franklinville over Highway No. 22 and 
unnumbered County Highway to Cedar Falls and return. (See Docket 
No. 2793.) 

Amended for the duration of the war and six (6) months thereafter 
without prejudice to the rights of the applicant for reinstatement of 
this application at the time the applications of Atlantic Greyhound Cor- 
poration and Greensboro-Fayetteville Bus Lines, Inc., are heard to 
include: "From Coleridge to Ramseur over Highway No. 22." (See Docket 
No. 2793.) 

Railway Express Agency, Inc., 89 Luckie Street, N. W., Atlanta, Ga. 
Franchise Certificate No. 456. 

Freight. 

Routes: From Winston-Salem over U. S. Highway No. 52 via Lex- 
ington to Wadesboro. 

From Winston-Salem over U. S. Highway No. 311 to High Point; 
thence over U. S. No. 70 via Thomasville to Lexington, and thence to 
Wadesboro. 

From Winston-Salem over N. C. Highway No. 109 to Thomasville; 
thence to Wadesboro. 

Return over these routes to Winston-Salem. 

Service is authorized to and from the intermediate points of Thomas- 
ville, Lexington, Albemarle, Ansonville, Norwood and High Point. 
(Docket No. 7271.) 

Between High Point and Asheboro over U. S. Highway No. 311, serv- 
ing Randleman as an off route point on U. S. Highway No. 220. (Docket 
No. 606.) 



Decisions and Adjustments of Complaints 109 

Between Winston-Salem, Rural Hall and Mount Airy over U. S. High- 
way No. 52. 

Between Greensboro and Stokesdale via Summerfield over U. S. High- 
way No. 220 to intersection of Highway No. 158; thence to Stokesdale. 

Between Greensboro and Sanford over U. S. Highway No. 421. Greens- 
boro to Siler City and Franklinville via Route 421 to Junction 22 ; thence 
22 to Pleasant Garden; thence 22 to intersection of 62; thence 62 to 
intersection 421; thence 421 to Siler City; thence 64 to Ramsuer; thence 
64, 64-A and N. C. 22 to Franklinville; thence 64- A, 64 and country 
unnumbered highway to Cedar Falls; then return over the same un- 
numbered highway to 64; thence 64 to Ramsuer and Siler City; thence 
return 421 to Greensboro. (Docket No. 1511.) 

Between Weldon and Williamston, including Hamilton in lieu of 
Hassel. 

Between Salisbury and Norwood over U. S. Highway No. 32, serving 
Badin as an off route point over State Highways Nos. 73, 27 and 740, 
serving Cranite Quarry, Rockwell, Gold Hill, Richfield, New London and 
Albemarle as intermediate points. (Docket No. 2758.) 

Between Durham and Chapel Hill over U. S. Highway No. 15. (Docket 
No. 565.) 

Between Hickory and Lenoir over U. S. Highway No. 321. (Docket 
No. 599.) 

From Asheville to Enka over Highways Nos. 19 and 23. (Docket No. 
605.) 

From Louisburg over State Highway No. 59 to junction of State High- 
way No. 56 to Franklinton. (Docket No. 1291.) 

This service shall only be available to and from rail stations or points 
heretofore served where rail stations have been discontinued. 

This certificate is a slight abridgment or reduction of mileage over 
the original routes granted by the Commission; therefore, this certifi- 
cate is written as operated as of August 1, 1944. 

Rocky Mount-Norfolk Truck Line, N. F. Spence, Owner (Trading and 
doing business in the name of Carolina-Norfolk Truck Line, Norfolk, 
Va.), Elizabeth City, N. C. Franchise Certificate No. 287. 

Freight. 

Routes: Between Rocky Mount, N. C, and the North Carolina-Virginia 
State Line, Highways Nos. 40, 48 and 12 via Weldon, Murfreesboro, and 
Como, for interstate operation only. 

Amended December 30, 1935, making J. M. Spencer, owner. 

Amended August 10, 1932, making J. E. Beamon, owner. 

Rowan-Cabarrus Bus Line, Inc., Kannapolis, N. C. Franchise Certificate 
No. 553. 

Passengers, Mail, Newspapers and Light Express. 

Routes: From Rockwell, N. C, over State Highway No. 152 to Miller's 
Store via County Highway through Faith and Mirror Lake to Salisbury 
and return. From Gold Hill over Ridge Road (County Road) via Liberty 
Church to Salisbury and return. (Limited to duration of the war and 
not to exceed six months thereafter.) Over the Old Salisbury-Concord 



110' N. C. Utilities Commission 

Road by Ebenezer Church to Bostian Cross Roads at State Highway 
No. 152; thence over 152 with closed doors to China Grove, and return. 
(Subject to Commission's order in Docket No. 2756.) 

Rutherford County Transit Company, Rutherfordton, N. C. Franchise 
Certificate No. 523. 
Passenger. 

Routes: (a) Over U. S. Highway No. 74 from Rutherfordton to a 
point about one and one-half miles east of Forest City; thence over an 
unnumbered highway to Bostic, Washburn's Store and Sunshine, and 
return. 

(b) Over N. C. Highway No. 741 from Rutherfordton to Harris, and 
return. 

•(c) Over N. C. Highway No. 105 from Rutherfordton to a point 
approximately five miles therefrom, and return. 

(d) Over U. S. Highway No. 74 in a westerly direction from Ruther- 
fordton to a point approximately five miles therefrom, and return. 

(e) Over U. S. Highway No. 221 from Rutherfordton to Gilkey, and 
return. 

(f) Over N. C. Highway No. 64-a from Rutherfordton to a point 
about one-half mile north of Westminster, and return. 

The rights herein granted include the right to operate over unnum- 
bered intersecting highways for a distance of not exceeding three miles 
from the routes above described, all of which said rights are hereby 
granted subject to restrictions set out in an agreement entered into at 
hearing by and between applicants and the Carolina Scenic Coach Lines 
and the Queen City Coach Company, which said agreement stipulates: 
"This franchise certificate is granted with the restriction that the grantee 
of the certificate will not pick up any passengers within one-half mile of 
routes covered by franchise issued to Carolina Scenic Coach Lines and 
Queen City Coach Company." 

Foregoing agreement is approved by the Commission upon condition 
that the Carolina Scenic Coach Lines and Queen City Coach Co. render 
adequate local service to the public within said restricted area. 

Rutherford County Transit Company, Rutherfordton, N. C. Franchise 
Certificate No. 523-A. 
Passenger. 

Routes: From Morganton over N. C. Highway No. 64-a to a point 
about one-half mile north of the settlement of Westminster and return. 
(That the rights herein granted shall cease and determine at the expira- 
tion of six months after the declaration of peace between the United 
States and the countries with which it is now at war, without prejudice 
to the right of the applicant upon motion in the cause, after due notice 
to the parties of record, to renew its franchise for the usual statutory 
period of three years, upon a showing of public convenience and necessity 
therefor.) (That the above rights shall not become effective until operat- 
ing authority shall have been approved by the Office of Defense Trans- 
portation, as required by Federal regulations.) (See order of the Com- 
mission dated March 13, 1944, in Docket No. 2937.) 



Decisions and Adjustments of Complaints 111 

Receivers of the Seaboard Air Line Railway, Norfolk, Va. Franchise 
Certificate No. 422. 
Freight. 

Routes : 

Between Monroe and Waxhaw, Highway No. 75. 

That part of State Highway No. 77 between Hamlet, N. C, and the 
N. C.-S. C. State Line. 

Between Hamlet and a point just east of Lumberton via U. S. Highway 
No. 74. 

Between a point just east of Lumberton and Bolton via N. C. Highway 
No. 211. 

Between Bolton and Wilmington via U. S. Highway No. 74. 

Between Monroe and Charlotte via U. S. Highway No. 74. 

Between Charlotte and Lincolnton via N. C. Highway No. 27. 

Between Lincolnton and Shelby via N. C. Highways Nos. 27 and 150. 

Between Shelby and Cliffside via U. S. Highway No. 74 and N. C. High- 
way No. 120. 

Between Cliffside and Caroleen via U. S. Highway No. 221. 

Between Caroleen and Ellenboro via County Road. 

Between Ellenboro and Rutherfordton via U. S. Highway No. 74. 

Between Hamlet and Marston via N. C. Highway No. 77. 

Between Marston and Sanford via U. S. Highway No. 1. 

Between Sanford and Pittsboro via U. S. Highways Nos. 1 and 501. 

Between Pittsboro and Apex via U. S. Highway No. 64 and N. C. 
Highway No. 55. 

Between Apex and Raleigh via U. S. Highway No. 1. 

Between Raleigh and Henderson via U. S. Highway No. 1. 

Between Franklinton and Louisburg via N. C. Highway No. 56. 

Between Henderson and the North Carolina-Virginia State Line via 
U. S. Highway No. 1. 

(In accordance with order of the Commission dated December 2, 1940, 
in Dockets Nos 875, 975 (1) and (2), 1768 and 1769.) 

Seashore Transportation Company, New Bern, N. C. Franchise Cer- 
tificate No. 122. 
Passenger, Light Express and Mail. 

Routes: The routings on this certificate were consolidated from Cer- 
tificates Nos. 122, dated December 30, 1940, 122-A, dated January 6, 1939 
and 112-B dated September 1, 1936. 

(1) Rocky Mount to Goldsboro via Highway No. 301 to Wilson, and 
Highway No. 117 to Goldsboro. 

(2) Goldsboro to Kinston through La Grange via Highway No. 70, 
and Goldsboro to Kinston via Seven Springs over Highway No. Ill to 
junction three miles west of Seven Springs; thence through Seven Springs 
via Highway No. 55 into Kinston. 

(3) From Kinston to New Bern via Highway No. 55 through Fort 
Barnwell; also via Highway No. 70 through Dover and Cove City, and 
via Highway No. 12 through Trenton to Pollocksville. 

(4) From New Bern to Beaufort via U. S. Highway No. 70 through 
Havelock, Newport, Mansfield and Morehead. 



112 N. C. Utilities Commission 

(5) From Havelock to Beaufort via Harlowe via Highway No. 101, 
with Cherry Point as an off route point. 

(6) From Cherry Point to Camp Bryan at Great Lakes via Havelock 
over unnumbered highway; thence to point half way between Newport 
and Swansboro-Morehead City Road; thence in a northeastern direction 
to North Harlowe-Beaufort Highway No. 101 over unnumbered highway 
as outlined on map. 

(7) From Beaufort to Atlantic Beach via Highway No. 70. 

(8) From Ottway to Harkers Island on an off route point. 

(9) From Smyrna to Marshallberg via unnumbered highway. 

(10) From Morehead City to Atlantic Beach and Fort Macon via 
unnumbered highway. 

(11) From Mansfield to Jacksonville via Highway No. 24 through 
Swansboro and Piney Green. 

(12) From Washington to Wilmington through New Bern and Jack- 
sonville via Highway No. 17. 

(13) From Greenville to Vanceboro through Calico via Highway 
No. 43. 

(14) From New Bern to Oriental through Grantsboro and Bayboro 
via Highway No. 55. From Grantsboro to Minnesott Beach via Highway 
No. 306 to Arapahoe. 

(15) From Swansboro to Folkston through Marines and Sneads Ferry 
via Highway No. 172. 

(16) From Piney Green to the Hadnot Point Marine Base as an off 
route point. 

(17) From Jacksonville to Burgaw via Highway No. 53. 

(18) From Wrightsville Beach over unnumbered highway to a junction 
with Highway No. 17 at a point five miles north of Wilmington. 

(19) An alternate route from Rocky Mount to Wilson via Highway 
No. 95 to a junction with Highway No. 58; thence by Highway No. 58 to 
Wilson. 

The Seashore Transportation Company shall not handle any passengers 
originating between Oriental and Grantsboro, destined to points between 
Grantsboro and Washington or to points beyond Washington. 

Shelby Transit Company, Inc., Shelby, N. C. Franchise Certificate No. 
444. 

Passenger. 

Routes: Streets of the City of Shelby; extension of East Marion Street, 
N. C. Highway No. 20 from city limits to Cleveland County Fairgrounds ; 
Extension of West Marion Street from city limits to Dover and Ora 
Mills and to city limits at East Lee Street. 

Silver Fox Lines, Lewis B. Newman d/b/a, Danville, Va. Franchise Cer- 
tificate No. 493. 

Passenger. 

Routes: From Oxford over U. S. Highway No. 158 to Roxboro; thence 
over Highway No. 57, 62 and 158 to Yanceyville, via Samora and Milton; 



Decisions and Adjustments of Complaints 113 

thence from Yanceyville to the N. C.-Virginia State Line over U. S. 
Highway No. 158 and N. C. Highway No. 14 via Purley. 

Amended January 1, 1943, to include: Roxboro to Burlington over 
State Highways Nos. 49 and 70. 

W. W. Smith, Whitnel, N. C. Franchise Certificate No. 529. 
Passenger. 

Route: From Rhodhiss over an unnumbered State Highway to Granite 
Falls and from Hudson over the Bumtown Road to where said road 
intersects the Granite Falls-Dudley Shoals Road, and from said inter- 
section to Granite Falls. 

Smith's Transfer Corporation, Lenoir, N. C. Franchise Certificate No. 
142. 
Freight. 

Routes: Between Hickory and Boone, Highway No. 17 and between 
Lenoir and Asheville, Highways Nos. 18 and 10. 

Amended July 1, 1932, to include Blowing Rock to the N. C.-Tenn. 
State Line via Linville, Newland, Cranberry and Elk Park, Highways 
Nos. 691, 181 and 69; Boone to Elk Park via Vilas and Banners Elk, 
Highway No. 194. 

Amended November 1, 1933, eliminating Blowing Rock to the N. C.- 
Tenn. State Line via Linville, Newland, Cranberry and Elk Park, High- 
ways Nos. 691, 181 and 69; Boone to Elk Park via Vilas and Banners 
Elk, Highway No. 194, and to include Hickory to Morganton, Highway 
No. 10 and Asheville to the North Carolina-Tennessee State Line, High- 
way No. 20 via Marshall, Walnut and Hot Springs. 

On and after November 1, 1933, it is understood that Franchise Cer- 
tificate No. 142 covers the following routes: Hickory, N. C, to the N. C.- 
Tenn. State Line via Morganton, Asheville, Marshall, Walnut and Hot 
Springs, Highways Nos. 10 and 20; Hickory, N. C, to Boone, N. C, High- 
way No. 17; Lenoir, N. C, to Morganton, N. C, Highway No. 18. 

Amended March 1, 1935, to include Asheville to the N. C.-Tennessee- 
Georgia State Line, Highway No. 10, via Waynesville, Dillsboro and 
Murphy with closed doors from Asheville to Waynesville. 

Amended February 4, 1936, to include Asheville to Waynesville, N. C, 
via Canton, Highway No. 10, by transferring from S. H. Miller & Son, 
which removes the closed door provision in the above amendment dated 
March 1, 1935. 

Amended February 22, 1939, by adding Hickory to Statesville, Highway 
No. 70; Statesville to Charlotte, Highway No. 21, in accordance with 
agreement dated February 15, 1939, contained in Docket No. 1535. 

Amended April 5, 1939, to include Charlotte over Highway No. 271 
to intersection of Highway No. 150 near Denver; thence over Highway 
No. 150 through Lincolnton without pickup or delivery in Lincolnton; 
thence over Highway No. 27 to intersection of Highway No. 18 near 
Toluca; thence No. 18 to Morganton. 

Amended June 17, 1941, to include the following (Docket 1982) : 

1. From Sylva, N. C, to Tuckasiegee, N. C, and return via N. C. 
Highway No. 106. All intermediate points. 



114 N. C. Utilities Commission 

2. From junction U. S. Highway No. 19 and N. C. Highway No. 
107-E to Cherokee, N. C, and return via N. C. Highway No. 107-E. All 
intermediate points. 

3. From junction U. S. Highway No. 19 and N. C. Highway No. 107 
to Cherokee, N. C, and return via N. C. Highway No. 107. All inter- 
mediate points. 

4. From Topton, N. C, to N. C.-Tenn. State Line, and return via U. S. 
Highway No. 129. All intermediate points. 

5. From Murphy, N. C, to Shooting Creek, N. C, and return via U. S. 
Highway No. 64. All intermediate points. 

6. From Murphy, N. C, to N. C.-Georgia State Line, and return via 
N. C. Highway No. 60. All intermediate points. 

7. From Murphy, N. C, to N. C.-Tenn. State Line, and return via 
U. S. Highway No. 64. All intermediate points. 

8. From junction U. S. Highway No. 64 and N. C. Highway No. 294 
to N. C.-Tenn. State Line, and return via N. C. Highway No. 294. All 
intermediate points. 

9. From junction N. C. Highway No. 294 and County Road to T.V.A. 
Skyway via County Road; thence via T.V.A. Skyway to Hiawassee Dam, 
N. C. ; thence to junction T.V.A. Skyway and N. C. Highway No. 294, and 
return. All intermediate points. 

Smoky Mountain Stages, Inc., Asheville, N. C. Franchise Certificate 
No. 400. 

Passenger. 

Routes : Between Asheville and Georgia-North Carolina State Line over 
U. S. Highway No. 19, U. S. Highway No. 64 and State Highway No. 60 
via the towns of Candler, Waynesville, Sylva, Bryson City, Murphy and 
Culberson; from Dillsboro to North Carolina-Georgia State Line over 
U. S. Highway No. 23 via the town of Franklin; from Franklin to Pisgah 
Forest over U. S. Highway No. 64 (old State No. 28) via the towns of 
Highlands, Cashiers, Sapphire, Rosman and Brevard with High Hampton 
and Lake Toxaway as off route points; from Pisgah Forest to Asheville 
over State Highways Nos. 284, 280 and 191, via the towns of Mills River, 
Avery's Creek and West Asheville; from Ela to the North Carolina- 
Tennessee State Line at Newfound Gap over State Highway No. 107; 
from Cherokee to Gateway of State Highway No. 107-E; from inter- 
section of State Highway No. 60 with U. S. Highway No. 64 to Tennessee- 
North Carolina State Line over U. S. Highway No. 64 via Ranger; 
from intersection of State Highway No. 294 with U. S. Highway No. 64 
over State Highway No. 294 to North Carolina-Tennessee State Line 
via Postell with Hiawassee T.V.A. Dam as off route point; from Rosman 
to North Carolina-South Carolina State Line via U. S. Highway No. 178; 
from Highlands to North Carolina-Georgia State Line over State High- 
way No. 28; from Sylva to Cashiers via Cullowhee, Tuckaseigee and 
Glenville over State Highway No. 106. 

Amended May 26, 1941: To include Sand Hill Road from intersection 
with U. S. Highway No. 19 in West Asheville via Enka to intersection 
of same roads near Enka. To include Franklin over N. C. Highway No. 






Decisions and Adjustments of Complaints 115 

28 to Lauada; from Cherokee (Indian Reservation) to Canton over N. C. 
Highways Nos. 293, 110 and 276 via Delwood, Waynesville and Woodrow. 
(See order in Dockets Nos. 1228, 1460 and 2042 issued May 26, 1941.) 

Amended March 1, 1943, to include: Charlotte to the North Carolina- 
South Carolina State Line, N. C. Highway No. 49, and from Gastonia 
to the North Carolina-South Carolina State Line over U. S. Highway 
No. 321. (Transferred from Inter-Carolinas Motor Bus Company, Cer- 
tificate No. 406.) 

Amended September 23, 1943, to include: Between Franklin and 
Murphy over U. S. Highway No. 64 via Hayesville and from Murphy 
to the North Carolina-Tennessee State Line over U. S. Highway No. 
129 via Topton and Robbinsville. (See order dated September 23, 1943, 
in Docket No. 2883.) 

Mrs. J. W. Snow, 432 Faiview Road, Biltmore, N. C. Franchise Certificate 
No. 436. 

Passenger. 

Routes: From Pack Square in Asheville, N. C, south along Biltmore 
Avenue, to Biltmore, N. C, to old Fairview Road (old State Highway No. 
20) to the Farmer's Federation Building and return over same route. 

Statesville Motor Coach Company, Inc., Statesville, N. C. Franchise 
Certificate No. 494. 

Passenger. 

Routes: As set forth in contract between Statesville Motor Coach 
Company and Atlantic Greyhound Corporation: Between Statesville and 
Troutman, Highway No. 21 ; Statesville and Loray, Highway No. 90, over 
the streets of Statesville. 

Suburban Bus Line, H. F. Moore d/b/a, Route No. 2, High Point, N. C. 
Franchise Certificate No. 558. 

Passenger. 

Routes: From intersection of N. C. Highway No. 301 near High Point 
over N. C. Highway No. 68 to Friendship and return. 

Thurston Motor Lines, Inc., Box 1003, Wilson, N. C. Franchise Cer- 
tificate No. 399. 

Freight. 

Routes: Between Goldsboro, N. C, and the North Carolina-Virginia 
State Line via Wilson and Rocky Mount, N. C, Route No. 40 optional 
over 481. 
February 27, 1940. 

Amended June 14, 1934, by adding: Rocky Mount to Williamston, via 
Tarboro and Bethel, Highway No. 90 ; Williamston to Washington, High- 
way No. 30; Washington to Wilson, via Greenville and Farmville, High- 
way No. 91. (Transferred from Stallings Transfer Service, No. 227.) 

Also alternate route, Wilson to Tarboro, via Pine Tops over N. C. No. 
42 and U. S. 258. 



116 N. C. Utilities Commission 

Amended October 25, 1934, by adding: Wilson to Fayetteville via 
Smithfield and Dunn over Highway No. 22, with limits on shipments 
picked up in Dunn for Fayetteville,- or in Fayetteville for Dunn, pro- 
vided that he may operate by Erwin over Route Nos. 60 and No. 55 
with shipments not originating in Dunn or Fayetteville, for points north 
of Wilson. 

Amended October 25, 1937, in accordance with Commission's order of 
July 31, 1937, to include service between Wilson and Snow Hill via Stan- 
tonsburg over North Carolina Highways No. 58 and No. 102; between 
Tarboro and Kinston via Crisp, Fountain, Farmville, and Snow Hill over 
U. S. Highway No. 258; between Rocky Mount and New Bern via Pine 
Tops and Greenville to Vanceboro over North Carolina Highway No. 
43, and thence via Askin and Bridgeton over U. S. Highway No. 17 ; and 
between Bethel and Kinston via Greenville, Ayden, Grifton and Graingers 
over North Carolina Highway No. 11. 

Amended July 2, 1938, to include route between Rosemary, N. C, and 
the North Carolina-Virginia State Line via Weldon, Murfreesboro and 
Como, Highways Nos. 48 and 12. (This route formerly operated by J. E. 
Davis, Roanoke Rapids, N. C, under Certificate 296.) 

Amended January 16, 1939, to include: Kinston to Wilmington via 
U. S. Highway No. 258 to Richlands, via Route No. 24 to Jacksonville, 
via Route No. 30 to Wilmington, with Deep Run and Pink Hill as off 
route points. 

Amended February 24, 1941, to include: From Wilson over N. C. High- 
way No. 58 to junction with N. C. No. 95; thence over No. 95 to junction 
with N. C. Highway No. 581; thence over Highway No. 581 to Spring 
Hope; from Spring Hope over U. S. Highway No. 64 to junction with 
N. C. Highway 98; thence over Highway No. 98 to junction with N. C. 
Highway No. 91; thence over Highway No. 91 to Durham (total 75 miles). 
Alternate route from Wilson to Zebulon via U. S. Highway No. 264, with 
the following restrictions: 

Route 1. Closed doors between junction N. C. Highway No. 581 and 

U. S. Highway No. 64, and junction U. S. Highway No. 64 and N. C. 

Highway No. 98. 

Route 2. Closed doors between Wilson and Zebulon over U. S. High- 
way No. 264, including each for -freight to the other. 

Amended January 1, 1942, by transfer from Capital Coast Express 
Company, Inc., all the rights, titles and interests conveyed in Franchise 
Certificate No. 450 as follows: 

Between Raleigh and Kinston, Highway No. 10; Kinston to New Bern 
via Highway No. 10 and via Highway Nos. 12 and 30; Kinston to Golds- 
boro via Snow Hill, Highways Nos. 12 and 102. 

Wilmington to Goldsboro, Route No. 40. (Transferred by H. Hunt & 
Company, Franchise Certificate No. 263, to Capital Coast Express Com- 
pany.) 

Clinton over Highways Nos. 24 and 258 to Jacksonville; thence over 
U. S. Highway No. 17 to Pollocksville. Kenansville over Highway No. 
11 to Kinston; thence over Route No. 55 to Jasper and also Clinton via 
Highway No. 403 to Faison. 



Decisions and Adjustments of Complaints 117 

Between Raleigh and Mocksville over U. S. Highway No. 64; thence 
over No. 64 to the intersection of State Highway No. 901; thence with 
said Highway No. 901 to the intersection of State Highway No. 115; 
thence with Highway No. 115 to the intersection of U. S. Highway No. 
421, two miles east of Wilkesboro, N. C; thence with U. S. Highway 
No. 421 to North Wilkesboro. The route between Raleigh and Asheboro 
over Highway No. 64 is reserved by the Commission as a bridgeway 
between east and west and the routes herein granted are not exclusive. 

Tide Water Power Company, Wilmington, N. C. Franchise Certificate 

No. 447. 

Passenger. 

Routes: Beginning at Front and Princess Streets and over such streets 
as approved by City Council of Wilmington; thence on Route 20 to 
Wrightsville Beach via causeway and bridge to Wrightsville Beach and 
over such streets as may be approved by Wrightsville Board of Com- 
missioners; also over route from city limits of Wilmington over old shell 
road to Wrightsville Sound. 

The Transport Corporation of Virginia, Blackstone, Va. Franchise Cer- 
tificate No. 497. 

Freight. 

Routes: Winston-Salem, North Carolina, and the following points: 
Aberdeen, Carthage, Chadbourn, Clarkton, Durham, Fair Bluff, Fair- 
mont, Fuquay Springs, Lumberton, Madison, Mount Airy, Reidsville, 
Sanford, Stoneville, Tabor City, Varina, and Whiteville. 

Tri-City Transportation Company, J. C. Gilley d/b/a, Leaksville, N. C. 
Franchise Certificate No. 531. 

Passenger. 

Routes: Leaksville: Five Forks to Harris Street to Washington Street. 
Bridge Street to Byrd Avenue to Boulevard. Church Street to Spray. 

Spray: Morgan Street to Carolina Heights, return on Morgan Road 
then to Aiken Summit Road to Matthews Store. Meadow Summit Road 
to junction on Route 770 to Draper. 

Draper: Fieldcrest Road (business section) to Church Street. Vir- 
ginia Avenue to Fieldcrest Road. 700 block to Hundley block, Draper 
Graded School to 300 block to Fieldcrest Road. Return from Draper to 
Leaksville over same route. 

Union Coach Company, Margaret C. Winchester d/b/a, Monroe, N. C. 
Franchise Certificate No. 504. 

Passenger. 

Routes: Between Concord and Monroe, over N. C. Highway No. 151. 

United Express Company, Henderson, N. C. Franchise Certificate No. 398. 

Freight. 

Routes: Between Henderson, N. C, and Weldon, N. C, via Norlina, 
N. C. 



118 N. C. Utilities Commission 

Virginia Dare Transportation Company, Inc., Manteo, N. C. Franchise 
Certificate No. 342. 
Passenger and Freight. 

Route: Passenger: Manteo to Elizabeth City via Nags Head, Kill Devil 
Hill and Currituck Bridge, Highways Nos. 345, 344 and 34. 

Freight: Manteo to Norfolk, Va., Highways Nos. 345, 344 and 34 via 
Kill Devil Hill, Sligo and Moyock. Amended August 1, 1932, to include 
for both passenger and freight; Manteo to Wanchese, Highway No. 345. 

Amended May 15, 1933, to include for both passenger and freight the 
route Manteo to Stumpy Point via Mann's Harbor. 

Amended August 6, 1935, in re: Docket No. 328, to include Route No. 
34, Sligo to Elizabeth City for freight operation. 

Amended May 24, 1940, to include between junction of Highway No. 30 
and "Currituck Short Cut" near Camden and junction of Highway No. 34 
and "Currituck Short Cut" near Coinjock, over the road joining Highways 
Nos. 30 and 34 known as "Currituck Short Cut" and at present desig- 
nated by the State Highway Commission as "N. C. 30." 

Virginia Stage Lines, Inc., Charlottesville, Va. Franchise Certificate 
No. 409. 
Passenger. 
Routes: 

1. From Virginia-North Carolina State Line over N. C. Highway No. 
36 via Pur ley to Yanceyville; thence via Highway No. 62 to the inter- 
section of N. C. Highway No. 62 and N. C. Highway No. 49; thence via 
N. C. Highway No. 49 to the intersection of N. C. Highway No. 49 and 
U. S. Highway No. 70; thence over U. S. No. 70 via Haw River to Bur- 
lington and return over same routes. 

2. From Virginia-North Carolina State Line over U. S. Highway No. 
501 via Longhurst, Roxboro to Durham and return over the same routes. 

3. From Virginia-North Carolina State Line over N. C. Highway No. 
57 via Milton and Semora to Roxboro, and return over same routes. 
(This route being operated by Lewis B. Newman d/b/a, Silver Fox 
Lines, under lease agreement approved by this Commission.) 

4. From Yanceyville to Milton over N. C. Highway No. 62 and return 
over same routes. (Virginia Stage Lines, Inc., requested the abandon- 
ment of its operation on N. C. Highway No. 62, between Milton and 
Yanceyville as of December 1, 1937, which request was granted.) 

5. From Yanceyville to Roxboro via Leasburg over U. S. Highway No. 
158 and return over the same routes. 

Waccamaw Stages, Incorporated, Whiteville, N. C. Franchise Certificate 
No. 468. 
Passenger. 

Routes: From Clarkton, N. C, over Federal Highway No. 701 to South 
Carolina State Line, on edge of Tabor City. 



Decisions and Adjustments of Complaints 119 

Washington-Oriental Bus Line, Washington, N. C. Franchise Certificate 
No. 434. 

Passenger. 

Routes: Between Washington, N. C, and Oriental, Route No. 33 from 
Washington to Aurora; Route No. 306 from Aurora to Grantsboro and 
Route No. 302 from Grantsboro to Oriental. 

Amended February 19, 1941, by adding: From points north of Grants- 
boro to Minnesott Beach and return for government officials, soldiers 
and employees of the National Defense Project being located at Minnesott 
Beach. (Temporary authority granted under the Federal Defense Emer- 
gency Program.) 

J. W. Wilder Transfer, Mrs. F. G. Wilder d/b/a, 1013 McCormick Street, 
Greensboro, N. C. Franchise Certificate No. 500. 

Freight. 

Routes: Between Greensboro and points and places within a radius of 
seven miles of Greensboro for pickup and delivery and distribution of 
general commodities. 

Wilkes Transportation Company, Incorporated, 304 Tenth Street, North 
Wilkesboro, N. C. Franchise Certificate No. 461. 

Passenger. 

Routes: In the City of Wilkesboro over Tenth Street and D; Ninth 
Street and C, B, and Sixth Street; Fourth and F to corporate limits; 
Main Street through the Town of Wilkesboro and over Highways Nos. 
421 and 16 to Millers Creek, six miles; Highway No. 18 to Fairplane, 
two miles; Highways Nos. 16 and 18 to Moravian Falls, five miles; 
Highway No. 421 E. to Wilkesboro, two miles. 

W. B. & S. Bus Lines, Inc., Murchison Building, Wilmington, N. C. 
Franchise Certificate No. 556. 

Passenger. 

Routes: Between Southport over Route No. 201, nine miles to Wilse 
Smith's; thence over county road to Bolivia; thence over Route No. 
201 to Brunswick River; thence over Route No. 20 into Wilmington, N. C. 

Amended November 15, 1943, to include: From Southport to Supply 
over Highway No. 130; from Supply to Shallotte over U. S. Highway 
No. 17; from Shallotte to Whiteville over Highway No. 130. (In accord- 
ance with Commission's order dated November 15, 1943, in Docket No. 
2970.) 

Amended July 26, 1944, to include six miles of unnumbered highway 
between Highway No. 130 and Fort Caswell in order to serve Long 
Beach with passengers. (This is a seasonal service and W. B. & S. Bus 
Lines, Inc., will not be required to request discontinuance nor commence- 
ment at the end or beginning of any summer season.) (See order of 
Commission dated July 26, 1944, in Docket No. 3147.) 



120 N. C. Utilities Commission 

Winston-Elkin Motor Express, V. L. Renegar, Owner, Elkin, N. C. 
Franchise Certificate No. 234. 

Freight. 

Routes: Between Winston-Salem and Elkin via Yadkinville, Booneville 
and Brooks Cross Roads, Highways Nos. 60 and 26. Amended March 15, 
1932, to include Winston-Salem to Elkin via East Bend and Booneville, 
Highways Nos. 60, 67 and 25, and for seasonal service Elkin to Roaring 
Gap, Highway No. 26. 

THE FOLLOWING INTRASTATE OPERATORS HAVE DISCON- 
TINUED OPERATIONS FOR THE DURATION OF THE WAR: 

Black's Motor Express, 209 S. Front Street, Wilmington, N. C. Franchise 
Certificate No. 373. 

Freight. 

Routes: Between Wilmington, N. C, and Sanford, N. C, via Delway, 
Clinton, Dunn, Lillington and Jonesboro, Highways Nos. 60 and 53. 
Wilmington to New Bern, Highway No. 30. 

Smoky Mountain Tours Company, 51 Arcade Building, Asheville, N. C. 
Franchise Certificate No. 499. 

Passenger. 

Routes: Authority to operate as a restricted common carrier of pas- 
sengers as set forth in Commission's order dated May 25, 1941, in Docket 
No. 1967 as follows: From Asheville to any of the following points: 
Chimney Rock, Mt. Pisgah, Mt. Mitchell, Little Switzerland, Blowing 
Rock, Mitchell Game Preserve, Biltmore Estate, Elk Mountain, Scenic 
Highway, Wayah Bald, Franklin, Buck Creek, High Hampton, Highlands, 
Soco Gap, and from points of scenic interest adjacent to Asheville under 
the following conditions: 

For scenic purposes only and not to pick up and discharge passengers 
en route, nor charter buses where passenger transportation is the sole 
consideration and such other restrictions as may appear in order re- 
ferred to above and Chapter 136, Public Laws of 1927, and amend- 
ments thereto. 

Virginia-Carolina Transportation Company, Edenton, N. C. Franchise 
Certificate No. 233. 

Freight. 

Routes: Between Edenton and Washington over U. S. No. 17 via 
Windsor and Williamston. Between New Bern and Beaufort over U. S. 
Highway No. 70 via Morehead City. 



Decisions and Adjustments of Complaints 121 

LICENSED AS RESTRICTED INTRASTATE FREIGHT OPERATORS: 

Certificate 
No. 

1004 Allen's Transfer Company, J. R. Allen d/b/a, Louisburg, N. C. 

1019 Barnes Truck Line, Nashville, N. C. 

1015 Bass Bonded Trucks, Inc., Tarboro, N. C. 

1008 Branch's Transfer, Henry Gordon Branch d/b/a, Lumberton, N. C. 
1018 Britt Transportation Company, C. C. Britt d/b/a, Rocky Mount, 

N. C. 

1006 Burton Lines, Inc., Reidsville, N. C. 

1012 Clay's Transfer Company, Rocky Mount, N. C. 

1022 H. V. Clayton, Prospect Hill, N. C. 

1007 Collins Transfer & Storage Company, Lumberton, N. C. 

1013 Forbes Transfer Company, Wilson, N. C. 

1010 M. C. Garner Truck Lines, Apex, N. C. 

1001 Hardy's Transfer, J. W. Hardy d/b/a, Farmville, N. C. 

1011 Henderson Bonded Lines, Henderson, N. C. 

1014 Hoffler & Boney Transfer Company, Inc., Wallace, N. C. 

1016 Johnson Transfer, Dunn, N. C. 

1023 Jones Transfer, Wilbur Jones d/ba/, Fairmont, N. C. 

1009 Martin County Transfer Company, Inc., Robersonville, N. C. 

1002 H. W. Miller Transfer, Durham, N. C. 

1021 Nunn's Transfer, F. O. Nunn d/b/a, Greenville, N. C. 

1024 Renfro Transport Company, J. O. Renfro t/a, Wendell, N. C. 
1000 Smith's Transfer, G. W. Smith d/b/a, Wilson, N. C. 

1003 Sprinkle & Allen Transfer Company, Inc., Louisburg, N. C. 

1020 Tayloe & Evans, Inc., Ahoskie, N. C. 

1005 Vance Trucking Company, Inc., Henderson, N. C. 

LICENSED AS EXCLUSIVE INTERSTATE OPERATORS FOR 1943- 

1944: 
Permit 

No. 

2 J. W. Propst, Jr., Inc., Concord, N. C. , 

8 Lewis & Holmes Motor Freight Corporation, High Point, N. C. 
25 L, H. Bottoms Truck Lines, Inc., High Point, N. C. 
27 Madison Transfer Company, John D. Blair, Owner, Richmond, Va. 
39 N. B. & C. Motor Lines, Inc., Washington, N. C. 
41 Rutherford Freight Lines, Inc., E. J. Rutherford, Secretary, Bristol, 

Tenn.-Va. 
45 Miller Motor Express, Charlotte, N. C. 
54 J. Lester Miller, Inc., Concord, N. C. 
57 New South Express Lines, Inc., Columbia, S. C. 
60 Smith's Transfer Company, Lenoir, N. C. 
62 Norfolk Southern Bus Corporation, Norfolk, Va. 
66 Charles S. Cooke, Murfreesboro, N. C. 

70 Atlantic States Motor Lines, Inc., High Point, N. C. 

71 Raleigh H. Blow, Murfreesboro, N. C. 

72 Burton Lines, Inc., Reidsville, N. C. 
74 Vick Truck Line, Woodland, N. C. 



122 N. C. Utilities Commission 

75 Walter H. Beale, Potecasi, N. C. 

77 Walph L. Whitehead, Hobgood, N. C. 

78 Tayloe & Evans, Inc., Ahoskie, N. C. 
80 Royal Parker Watson, Severn, N. C. 

83 The Mason & Dixon Lines, Inc., Kingsport, Tenn. 

85 R. H. B. Motor Lines, Conway, N. C. 

88 Julian P. Porter, Severn, N. C. 

89 William Barham Porter, Severn, N. C. 

93 Hennis Freight Lines, S. H. and H. L, Hennis, Owners, Mount Airy, 
N. C. 

95 Ross Motor Lines, Inc., Gastonia, N. C. 

96 J. M. Anderson t/a, Anderson Transfer Company, Murfreesboro, N. C. 

97 Forbes Transfer Company, Wilson N. C. 

98 B. G. Costich & Sons, Inc., 271 Maynard Avenue, Rochester, N. Y. 

99 Ricks Tours, Greenville, N. C. 

100 Akers Motor Lines, Inc., Gastonia, N. C. 

105 Smith's, Inc., Wilson, N. C. 

106 Dickson Transfer & Trucking, Inc., 24 N. High Street, Akron, Ohio. 

107 J. T. Dailey Company, Greensboro, N. C. 

108 Textile Transportation, Inc., Burlington, N. C. 

110 Jack Shuford Trucking, Mrs. Frances N. Shuford, Owner, Lincolnton, 

N. C. 

111 Shaw Transfer Company, Salisbury, N. C. 

113 R. C. Motor Lines, Inc., 112 Stewart Street, Jacksonville, Fla. 

114 Steinla Motor and Transportation Company, 133 S. Mechanic Street, 

Cumberland, Md. 

115 J. C. Mclntyre d/b/a, Textile Motor Freight, Laurinburg, N. C. 

116 Bass Bonded Trucks, Inc., Tarboro, N. C. 

117 Barnes Truck Line, Nashville, N. C. 

119 Union Storage and Warehouse Company, Inc., Charlotte, N. C. 

121 J. W. Hardy d/b/a, Hardy Transfer Company, Farmville, N. C. 

122 D. D. Jones Transfer & Warehouse Company, Inc., Norfolk, Va. 

123 Craig & Jennings, Inc., Lenoir, N. C. 

125 Melville Storage Company, 23 North 52nd Street, Philadelphia, Pa. 

126 Southern Transfer & Storage Company, St. Petersburg, Fla. 

127 Central Van & Storage Company, 531 Eighth Street, Nashville, Tenn. 

128 Thomas L. Murphy d/b/a, Murphy's Storage Warehouse, 200 Middle 

Neck Road, Great Neck, N. Y. 

129 Textile Warehouse Company, Greenville, S. C. 

132 William A. Morris, Inc., West New Brighton, Staten Island, N. Y. 

133 R. L. Dance Trucking Company, 1811 Russell Street, Covington, Ky. 

134 John Nazarian, 50 Prentiss St., Watertown, Mass. 

135 American Storage Company, 28 George Avenue, N. W., Washington, 

D. C. 

137 Henry E. Brinkerhoff, 1439 Regina Street, Harrisburg, Pa. 

138 Vernon T. Mercer, Ashe Court, Lancaster Pike, Coatsville, Pa. 

140 Jones Transfer Company, Inc., Salisbury, N. C. 

141 Reliable Transport, Inc., Raleigh, N. C. 

142 William L. Curies, 2033 Nichols Ave., S.E., Washington, D. C. 

144 Turner's Transfer, Guy M. and Frank B. Turner, Greensboro, N. C. 



Decisions and Adjustments of Complaints 123 

145 Central Storage and Van Company, 1101-13 Jackson Street, Omaha, 

Nebraska. 

146 A. Driemeier Storage & Moving Company, 3615 North 20th Street, St. 

Louis, Mo. 

147 W. T. Taylor, Jr., Como, N. C. 

149 W. M. Stephenson & Sons d/b/a, W. M. Stephenson, Pendleton, N. C. 

150 A. & E. Truck Line, Battleboro, N. C. 

151 Clay's Transfer Company, Rocky Mount, N. C. 

152 Karl Lenker d/b/a, Dixie Transfer, 305 N. 18th Street, Richmond, Va. 

153 C. H. Sharpe and C. E. Williams d/b/a, S. & W. Motor Lines, Greens- 

boro, N. C. 

154 Martin T. O'Rourke t/a, O'Rourke Storage & Transfer Company, 

Pittsburgh, Pa. 

156 Bondurant Motor Lines, Mount Airy, N. C. 

157 L. H. Renner d/b/a, Renner Motor Lines, 86 Houston Street, Barber- 

ton, Ohio. 

158 Central Motor Lines, Inc., Kannapolis, N. C. 

160 Colonial Motor Freight Line, High Point, N. C. 

161 Kilgo Transfer Company, Inc., 229 E. 8th Street, Charlotte, N. C. 

162 J. N. Youngblood Truck Lines, Fletcher, N. C. 

163 Tatum-Dalton Transfer Company, 111 E. Edwards Place, Greensboro, 

N. C. 
165 Carolina Freight Carriers Corporation, Cherryville, N. C. 

167 M. P. McLean, Jr., t/a, McLean Trucking Company, Fayetteville, 

N. C. 

168 Collins Transfer & Storage, Lumberton, N. C. 

169 Paul Siler d/b/a, Siler Brothers, Siler City, N. C. 

173 R. D. Fowler Motor Lines, Inc., Box 1043, High Point, N. C. 

174 Morgan Trucking Company, Leaksville, N. C. 

175 Vance Trucking Company, Inc., Henderson, N. C. 

176 Great Southern Trucking Company, Charlotte, N. C. 

177 J. H. Early, Henderson, N. C. 

178 The W. H. Tompkins Company, 903 3rd Avenue, North, Nashville, 

Tenn. 

179 M. C. Garner, Apex, N. C. 

183 Mrs. Mae C. Brown and J. C. Brown t/a, Charles T. Brown Truck 

Line, 1203 Asheboro Street, Greensboro, N. C. 

184 Robinson Transfer Motor Line, Inc., 545 E. Main Street, Kingsport, 

Tenn. 

187 American Trucking Corporation, Lessee of J. T. Dailey Company, 

High Point, N. C. 

188 H. W. Miller, Durham, N. C. 

189 Jackson Truck Line, Inc., Jackson, N. C. 

190 Brooks Transportation Company, Inc., Richmond, Va. 

192 Harris Brothers Transfer Company, Inc., Charlotte, N. C. 

193 G. & M. Motor Transfer Company, Statesville, N. C. 

194 Carolina Stages, Spartanburg, S. C. 

198 Peoples Motor Express, Inc., Charleston, S. C. 

199 Albert E. Hill and James W. Hill d/b/a, Hill's Truck Line, Murfrees- 

boro, N. C. 



124 N. C. Utilities Commission 

200 H. E. Dickey d/b/a, Dickey Freight Line, Murphy, N. C. 

202 Hooks Motor Line, 221 W. High Street, High Point, N. C. 

203 Billings Transfer Corporation, Inc., Lexington, N. C. 

204 Davis Motor Lines, Inc., Charlotte, N. C. 

207 Queen Trucking Company, Inc., North Wilkesboro, N. C. 

208 Lipe Motor Lines, Hickory, N. C. 

209 North American Van Lines, Inc., 1220 Superior Avenue, Cleveland, 

Ohio. 

210 Burlington Truckers, Inc., Burlington, N. C. 

211 J. C. Bankett, Route 4, Salisbury, N. C. 
215 R. Glenn Winecoff, Concord, N. C. 

212 The A. G. Boone Company, Charlotte, N. C. 

213 Batten Livery Company, Inc., Mount Gilead, N. C. 
217 The Tallant Transfer Company, Inc., Hickory, N. C. 

219 Whisenant Transfer Company, Maiden, N. C. • 

220 G. & H. Transit Company, Inc., P. O. Box No. 1626, Charlotte, N. C. 

221 Helms Transfer Company, Monroe, N. C. 

222 G. N. Childress Transportation Company, Box 252, Sanford, N. C. 

223 Winchester Trucking Company, Monroe, N. C. 

224 Thomas Stanley Redding, Asheboro, N. C. 

225 J. H. Burgess, Leaksville, N. C. 

226 E. S. Britt t/a, Britt Transportation Company, Rocky Mount, N. C. 

227 O. G. Drennan, Maxton, N. C. 

228 Berry & Decker Transfer, Hildebran, N. C. 
230 Johnson Brothers, Elkin, N. C. 

233 Moss Transfer Company, Charlotte, N. C. 

234 J. Claude Bush d/b/a, Bush Transfer, Lenoir, N. C. 
238 Wick G. Vannoy, West Jefferson, N. C. 

240 T. Colvin Beane, Laurinburg, N. C. 

241 Bruce Johnson, Morven, N. C. 

242 G. W. Anderson d/b/a, Anderson Transfer Company, Asheville, N. C. 

243 A. W. Colwell, Jr., J. D. and W. B. Strickland d/b/a, C. & S. B. 

Transfer, Clinton, N. C. 

245 Norman Howard Gregory, Poplar Branch, N. C. 

247 R. W. Wilson, Yanceyville, N. C. 

248 T. C. Howell t/a, Howell Transfer Company, Shelby, N. C. 

249 Roadway Express, Inc., Charlotte, N. C. 

251 Dail Trucking Company, Inc., Mount Olive, N. C. 

253 Holland Brothers, Statesville, N. C. 

254 Carl Rose d/b/a, Carl Rose Transfer Company, Elkin, N. C. 

255 Wayne Motor Lines, Mount Olive, N. C. 

256 Reliable Trucking Company, Inc., High Point, N. C. 

257 L. L. Brown d/b/a, Brown's Truck Line, Rich Square, N. C. 

261 Claude S. Henry d/b/a, C. S. Henry Transfer, Rocky Mount, N. C. 

263 Homer & Boney Transfer Company, Inc., Wallace, N. C. 

264 Alton Edward Grimes, Robersonville, N. C. 

265 Daniel Elijah Everett, Conetoe, N. C. 

266 A. P. Warlick, Warlick Trucking Company, Kings Mountain. 

270 Martin County Transfer Company, Inc., and /or C. D. Carraway, Rob- 
ersonville, N. C. 



Decisions and Adjustments of Complaints 125 

272 Lin Bumgarner d/b/a, Lin Bumgarner Truck Lines, North Wilkes- 

boro, N. C. 

273 B. P. Wright d/b/a, Wright Motor Lines, Asheville, N. C. 

274 Commercial Carriers, Inc., 1201 Peoples State Building, Pontiac, Mich. 
278 M. & K. Motor Express, Nashville, N. C. 

280 W. G. Joyner d/b/a, Joyner Trucking Company, Woodland, N. C. 

282 Fred's Truck Line, F. S. Winslow d/b/a, Winfall, N. C. 

283 Evans Trucking Company, Stoneville, N. C. 

286 E. & L. Transport Company, Dearborn, Mich. 

287 C. Hobson Dunn, Magnolia Building, Dallas, Texas. 

288 J. S. Mann, Merry Oaks, N. C. 

289 S. H. & L. S. Ratliff d/b/a, Ratliff & Ratliff, Morven, N. C. 

295 W. R. Candler Transfer, 200 Clingman Ave., Asheville, N. C. 

296 Pee Dee Express, Inc., Box 1024, Charlotte, N. C. 

298 Carolina Motor Express, 561 W. 15th St., Indianapolis, Ind. 

301 W. W. Owens, Shiloh, N. C. 

302 Southern Spindle & Flyer Co., Inc., Charlotte, N. C. 

303 Nilson Motor Express, Charlotte, N. C. 

304 Overnite Transportation, Richmond, Va. 

305 Jones Transfer, Fairmont, N. C. 

306 Henderson Bonded Lines, Henderson, N. C. 

307 Branch's Transfer, P. O. Box 203, Lumberton, N. C. 

309 Coy Flippin, Pilot Mountain, N. C. 

310 Champion Storage & Trucking Co., Inc., Greensboro, N. C. 

313 W. I. Tanner Transfer Company, Rocky Mount, N. C. 

314 J. P. Smith, Whiteville, N. C. 

316 Murray Transfer Company, Wilmington, N. C. 

317 Warren Bros. Moving Company, Chicago, 111. 
319 Clay Hyder, Hendersonville, N. C. 

324 John Nixon, Mountain Park, N. C. 

325 Transport Corporation of Virginia, Blackstone, Va. 

326 Buffaloe Brothers, Carthage, N. C. 

327 Chas. H. Lambeth & Macon Moore, Jr., Littleton, N. C. 

328 Hampton Roads Transportation Co., Norfolk, Va. 

329 Vernon G. James, Weeksville, N. C. 
331 Brock Motor Line, Charlotte, N. C. 

333 Southern Motor Express, Burlington, N. C. 

334 R. B. Hamilton Trucking Co., Inc., Roslyn Heights, N. Y. 

335 Robert P. Smith t/a Smith Transfer, Wadesboro, N. C. 

337 T. C. Dowless Transfer, Bladenboro, N. C. 

338 Mrs. L. F. Congdon t/a, Old Dominion Freight Lines and/or 

Earl E. Congdon, Richmond, Va. 

340 Piedmont Trucking Company, Asheboro, N. C. 

341 Apex Motor Line, Apex, N. C. 

343 J. M. Mouchet d/b/a, Mouchet Trucking Company, Charlotte, N. C. 

344 Pilot Freight Carriers, Winston-Salem, N. C. 

345 Jocie Motor Lines, Charlotte, N. C. 

346 C. T. Cozzens Truck Line, Washington, N. C. 

347 Casper A. Warner d/b/a, Warner's Transfer, High Point, N. C. 

348 Francis Owen Nunn d/b/a, Nunn's Transfer, Greenville, N. C. 



126 N. C. Utilities Commission 

350 W. D. Parker d/b/a, Parker Transfer Co., Raleigh, N. C. 

351 Hines Lumber Company, Mount Airy, N. C. 

352 T. B. Sumner d/b/a, Sumner Truck Line, Elizabeth City, N. C. 

353 Surratt Motor Lines, Inc., Charlotte, N. C. 

355 Patterson Transfer Company, Rockingham, N. C. 

356 Brawley Transfer Company, Statesville, N. C. 

357 D. L, Youngblood and W. A. Keith t/a, K. & Y. Truck Line, 

Fletcher, N. C. 

360 C. V. Cross (Temporary Certificate), Gates, N. C. 

361 Armstrong Bus Line, Corapeake, N. C. 

363 Thomas Grady Griggs, Point Harbor, N. C. 

364 Melvin C. Dobson, Route 2, Ruffin, N. C. 

366 Safety Transportation Corporation, Weldon, N. C. 

367 Associated Transport, Inc., New York, N. Y. 

368 Davis Motor Lines, H. C. Sharpe d/b/a, Charlotte, N. C. 

370 McCotter Trucking Company, Washington, D. C. 

371 Wadesboro Motor Lines, Inc., Wadesboro, N. C. 

372 Ambrose B. Hopkins, Jr., Columbia, N. C. 

373 A. & G. Truck Line, Spray, N. C. 

374 William H. Weeks, Enfield, N. C. 

375 Carley I. Spencer, Columbia, N. C. 

376 Neel Gap Bus Line, Inc., Gainesville, Ga. 

377 Grubb Motor Lines, Inc., Lexington, N. C. 

378 Keith's, N. V. Keith d/b/a, Vass, N. C. 

379 Apex Transportation, Inc., 621 W. 8th St., Charlotte, N. C. 

380 W. M. Griffith, Graham, N. C. 

381 Wade's Transfer, Marvin Wade d/b/a, Dunn, N. C. 

383 Poythress Truck Line, Chas. L. Poythress d/b/a, Washington, N. C. 

385 Swift Transfer Company, M. O. Baker d/b/a, Gastonia, N. C. 

386 Standard Transport, J. W. McClung, Jr., d/b/a, Charlotte, N. C. 

387 Billings Transfer, H. C. Billings d/b/a, North Wilkesboro, N. C. 

388 McBride & McBride, R. N. & W. H. McBride d/b/a, Spray, N. C. 

389 Mitchell Motor Lines, Winston-Salem, N. C. 

390 Elizabeth City-Carolina Line, C. D. McMullen d/b/a, Norfolk, Va. 

391 Washington Transfer Company, Bell Swanner d/b/a, Washington, 

N. C. 

392 Ryan Carting Company, 104 Frankfort St., Rochester, N. Y. 

393 H. W. Reich, Route No. 4, Mocksville, N. C. 

394 Elders Transfer Company, George C. Elders d/b/a, Hickory, N. C. 

395 J. K. Pinnell, Warrenton, N. C. 

THE FOLLOWING INTERSTATE OPERATORS HAVE DISCON- 
TINUED OPERATIONS FOR THE DURATION OF THE WAR: 

101 Hipp & Cress, Salisbury, N. dv ) 

110 Jack Shuford Trucking, Lincolnton, u N. C. 

131 Philadelphia-Detroit Lines, Inc., Charlotte, N. C. 

159 Black's Motor Express, Wilmington, N. C. 

332 Crawford Transport Company, Inc., Mount Airy, N. C. 

339 Roger O. Wimberley, Angier, N. C. 



Decisions and Adjustments of Complaints 127 

Bus Terminals 

UNION BUS STATION, ELKIN, N. C. 
Order 

For some time the question of moving the Union Bus Station at Elkin, 
North Carolina, has been before the Commission. This was referred to the 
city authorities who are very strongly of the opinion that the Station 
should not remain at the present location. Letters have been filed with 
this Commission by the Mayor to this effect and the location on Market 
Street in the Dodge and Plymouth Building has been approved by the city 
authorities for conversion to a bus station, and it appears that the di- 
mensions are adequate. A proposed floor plan has been furnished to the 
Commission, dated April 26, 1942, which is an improvement over previous 
plans. It appears to be very complete. 

The Commission endeavors to cooperate with the city authorities with 
reference to such locations and wherever possible solicits the approval of 
the city authorities on this subject. 

Some complaint has been filed by one of the carriers with reference to 
the agency management, but that is a matter which can be settled at any 
future time when adequate evidence of partiality may be shown, and this 
should not hold up the conveniences to be furnished to the traveling public; 
therefore, it is 

Ordered, that the copy of plans attached hereto and made a part of this 
order be, and the same is, hereby approved; and it is 

Further Ordered, that a copy of this order be furnished by Mr. F. C. 
Martel, Southern Manager, Atlantic Greyhound Corporation, and to Mr. 
E. 0. Woodie, President, Parkway Bus Company, Incorporated. 

This the 28th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2901. 

BUS STATION AT HOLLY RIDGE, N. C. 

Order 

For sometime the Commission has been giving notice to the Seashore 
Transportation Company to improve bus station conditions at Holly Ridge. 
This subject has been under continuous consideration for the past eight 
or ten months. The last communication from this office to the Seashore 
Transportation Company was dated April 3, 1943, which stated in part 
"The sanitary conditions at this station are deplorable. Inadequate out- 
side toilet facilities that are a disgrace must be remedied. There is no 
excuse for not having inside toilets with running water at Camp Davis. 
While there I noticed several ladies coming in on buses and departing 
that I am certain were down there to see their sons, and there is not a 
sanitary toilet for them to visit, much less a respectable one." 



128 N. C. Utilities Commission 

The result of the recent inspection forces the Commission to condemn 
the present station site, and facilities. The Seashore Transportation Com- 
pany has stated that it was difficult for it to make any improvement be- 
cause of its contract with the agent at that place, and it appears that 
now the Seashore Transportation Company in order to comply with the re- 
quirements, rules and regulations of this Commission, has made arrange- 
ments, with a corporation known as the Coastal Terminals, Inc., which 
has bought the property known as the Bulls Eye Cafe building and has 
remodeled it with a view to providing the necessary comforts for the 
traveling public, and the Seashore Transportation Company has now made 
application for the approval in order that it may move into said building 
immediately. By direction of the Commission, Commissioner Johnson and 
Inspector Smith have been on the grounds at Holly Ridge on several oc- 
casions with a view to seeing that the bus station conditions were im- 
proved. 

The inspection of the new site by the Commission's representatives has 
resulted in the approval of the Coastal Terminals, Inc., property and opera- 
tion of said premises as a bus station immediately upon its completion. 
It is, therefore, 

Ordered, that the Bulls Eye Cafe building be and the same is hereby 
approved and designated as the Bus Station at Holly Ridge, sometimes re- 
ferred to as Camp Davis, and that the said building shall be known here- 
after and until further order, and used as the bus station at that point, 
and that said station shall be conducted in accordance with the rules and 
regulations of this Commission, in effect on the date of this order, and 
which may be promulgated by this Commission from time to time, and the 
Seashore Transportation Company is hereby ordered to use said new bus 
station and facilities in its business of transporting passengers, mail and 
light express under its Franchise Certificate No. 122, until further orders 
of this Commission. 



This May 1st, 1943. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2912. 

UNION BUS STATION, KINSTON, N. C. 

Order 

This cause arises upon application of the Seashore Transportation Com- 
pany of New Bern, N. C, which operates the bus station in the City of 
Kinston and has operated said station in that city since the enactment of 
the Motor Vehicle Carrier Act. Improvements in the old bus station in 
that town 'have been made from time to time, but present conditions have 
caused said station to become inadequate to handle the war-time business. 
In addition to the applicant, this station is used by Carolina Coach Com- 
pany and Queen City Coach Company. 



Decisions and Adjustments of Complaints 129 

The applicant has now made arrangements to acquire the Union Rail- 
road Station at Kinston which is in many respects especially adapted to 
use as a Union Bus Station. It is centrally located and it is provided with 
adequate, commodious rest rooms for passengers, and sheds for loading 
and unloading buses, and it will in the opinion of the Commission, pro- 
vide bus station facilities unequalled by any other station in North Caro- 
lina east of Raleigh. Therefore, it is 

Ordered, that the Union Railroad Station in Kinston, N. C, be designated 
and approved as the Union Bus Station for that city until further order, 
and that the carriers now using the old station are hereby authorized to 
move at their earliest convenience and occupy the new premises for the 
purpose for which it is obtained. 



This May 17, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2913. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



UNION BUS STATION, OXFORD, N. C. 

Order 

Whereas, the City of Oxford is without any bus station facilities, and 
the Atlantic Greyhound Corp., D. T. Ramsey t/a, Colonial Bus Lines, L. B. 
Newman t/a, Silver Fox Line, and D. C. Hunt t/a, Granville Transporta- 
tion Co., the motor bus carriers serving said city, have failed to agree 
among themselves upon the location, construction and operation of a union 
bus station at Oxford, and particularly upon the management and opera- 
tion thereof, and the Commission finds it necessary in the interest of the 
traveling public to intervene and require the erection of a union bus sta- 
tion at said point, and to require all franchise carriers operating to or 
through Oxford to use said station under the rules and regulations of the 
Commission, and 

Whereas, D. C. Hunt has offered to construct and maintain a union bus 
station on a lot on Gilliam Street in Oxford, known as the Standard Oil 
Co. lot, and on August 24, 1944, submitted to and filed with the Commission 
for approval plans and specifications for the construction of said bus sta- 
tion. Said plans and specifications were drawn by Charles C. Benton and 
Son, architects and engineers of Wilson, N. C, and were approved by the 
City of Oxford on May 11, 1944. A union bus station erected on said lot 
according to said plans and specifications appears to be sufficient to meet 
the public demand and need for a bus station at Oxford, and, if efficiently 
and impartially managed and operated under the usual rules and regula- 
tions applicable to union bus stations, should meet with the approval of all 
of said carriers. 

It Is, Therefore, Ordered, that the location of said bus station on said 
Standard Oil Company lot on Gilliam Street and the plans and specifica- 
tions for the construction thereof which were submitted to and filed with 



130 N. C. Utilities Commission 

the Commission on August 24, 1944, be, and the same are hereby approved, 
subject to the following conditions: 

1. That said station shall be constructed strictly according to said plans 
and specifications except as to necessary changes approved by Charles C. 
Benton and Son in writing, copies of which shall be mailed to the City of 
Oxford and to the Commission. 

2. That the Commission shall have the right to supervise the operation 
of said station in any manner necessary to promote harmony among the 
operators and efficiency of service to the traveling public. 

3. That the management and operation of said station shall be free 
from partiality between carriers and that 10 per cent of the ticket sales 
of the respective tenant carriers using the same shall be in full for the 
use of all station facilities, station help and other station expense. 

4. That the maintenance and operation of said station as a union bus 
station shall not be discontinued except upon twelve months' written notice 
to all operators using the same, to the City of Oxford and to the Commis- 
sion, and not then unless approved by the Commission. 

Unless the said D. C. Hunt shall accept the foregoing conditions in 
writing on or before the 15th day of September, 1944, with satisfactory 
assurance of his ability to erect said station according to said plans and 
specifications and that the same will be erected and ready for use on or 
before the 1st day of January, 1945, this order will be vacated and set 
aside on the 16th day of September, 1944. 

This the 1st day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 3166. 



UNION BUS STATION, OXFORD, N. C. 
Order Overruling Exceptions 

To the order made herein, dated the 1st day of September, 1944, the 
Atlantic Greyhound Corporation filed exceptions, as appear of record, which 
controvert the facts set out in said order and challenge the power of the 
Commission to make and enforce said order. 

Upon consideration of said exceptions, the Commission is of the opinion 
that the same are not well founded in fact or in law, and 

It Is, Therefore, Ordered, that said exceptions, and each of them, be 
and the same are hereby overruled. 

This the 15th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

(Certified to Granville County Superior Court on Appeal.) 



Decisions and Adjustments of Complaints 131 

UNION BUS STATION, RALEIGH, N. C. 
Order to Show Cause 

This Cause Arises upon the filing of a petition by the Queen City Coach 
Company for relief at the Union Bus Station in the City of Raleigh, N. C. 
A copy of the petition of Queen City Coach Company is attached hereto, 
and by this reference is made a part hereof, and it is 

Ordered, that said Carolina Coach Company show cause, if any, on 
Monday, November 15, 1943, at 11:00 A. M. o'clock in the Office of the 
Commission, why it should not instruct its agents and employees to furnish 
fair and impartial information and render fair and impartial service to 
the traveling public concerning the sale of tickets to the traveling public 
of the petitioner between Raleigh and Myrtle Beach, over the routes set 
out in paragraph 7 of the petition attached to, and made a part hereof, via 
Benson, Newton Grove, Clinton, Elizabethtown, Whiteville and Tabor City, 
in North Carolina, and Conway, South Carolina. 

This the 4th day of November, 1943. 

BY ORDER OF THE 
NORTH CAROLINA UTILITIES COMMISSION. 
Docket No. 3011. R, 0. Self, Chief Clerk. 

BUS STATION, SELMA, N. C. 

Citizens of Selma to the Commission. Petition for establishment and 
maintenance of bus station separate and apart from other business estab- 
lishments. Adjusted. Docket No. 3014. 

BUS STATION, TARBORO, N. C. 

Order 

As a result of negotiations with the owners of the bus station property in 
the Town of Tarboro and the Carolina Coach Company, a floor plan has 
been submitted to and approved by the North Carolina Utilities Commis- 
sion; and it is hereby 

Ordered, that the said station be improved in accordance with the said 
plan, and that the Clerk of the Commission write a letter to the Office of 
War Production Board in behalf of the owners of the said bus station 
property for a permit to make the improvements in accordance with the 
provisions of the letter addressed to this Commission, dated August 1, 
1944, and signed by V. E. Fountain, with the floor plan attached thereto, 
when specifications have been filed with the said War Production Board. 

This 2nd day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

Attest: r. g. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 3149. 



132 N. C. Utilities Commission 

UNION BUS STATION, WEST JEFFERSON, N. C. 
Order 

This Cause arose upon the presentation of a resolution passed by the 
Mayor and Board of Aldermen of the Town of West Jefferson to the Com- 
mission by Mr. Ira T. Johnston, attorney at law, of Jefferson, North Caro- 
lina, on August 26, 1942. 

The Resolution passed by the Board of Aldermen is as follows: 

"We the undersigned Mayor and Board of Aldermen of the Town of 
West Jefferson, realizing the danger and hazards to the passengers and 
public, of the present system of buses parking on the streets to load and 
unload passengers, also blocking the traffic on the streets on arrival and 
departure of buses and for the convenience of the public and passengers 
in general: 

"We hereby approve the plan of E. 0. Woodie to establish a Bus 
Terminal on lots No. 27-28, block 3, situated on Jefferson Avenue, where 
the buses may be parked on arrival and remain there until ready to de- 
part so passengers may get on and off of the buses before the buses come 
on the street, thereby eliminate the hazards to the passengers and the 
general public of parked buses on the streets and passengers getting on 
and off buses in the traffic on the streets. 

"There is to be a building erected on said lot or lots to be used on a 
Bus Station, with enough vacant space on lots for buses to park on ar- 
rival, the building is to be constructed of material to conform with the 
requirements of the town ordinance in reference to buildings in the fire 
zone of the Town of West Jefferson. 
"This August 3, 1942. 

"F. B. Jones, Mayor 
J. L. Seagrove, Alderman 
T. E. Parker, Alderman 
Carl F. Colvard, Alderman 
R. C. Ryan, Alderman. 
W. E. Vennoy, Alderman. 

Upon receipt of the above resolution the Commission advised Mr. John- 
ston and Mr. E. O. Woodie that it would acquiesce in the wishes of the 
Board of Aldermen for the building of the new bus station on the location 
selected by it and requested the filing of the floor plan and specifications 
of the building. These plans were presented to the Commission and ap- 
proved, but recently Mr. E. O. Woodie advised that priorities for material 
for construction of the station had delayed its completion, but officially 
advised in letter dated May 29, 1943, of the eompletion of the building and 
that it was now ready for occupancy. 

The Commission's Inspector, Mr. V. A. Wilson, was present at the time 
and was authorized to go to West Jefferson and inspect the building to as- 
certain if its construction met with the plans and specifications submitted 
and report whether or not the same was ready for occupancy or whether 
additional work should be done thereon before it would be ready for use. 
Inspector Wilson, acting under instructions, went to West Jefferson, found 
the station ready for occupancy and held a meeting of the representatives 
of the two bus companies involved in Winston-Salem on June 4, 1943, at 
which time it was agreed to use said station as a union bus station and 
that both the Atlantic Greyhound Corporation and the Parkway Bus Com- 
pany would move from the old station quarters to the new at the earliest 
possible date. Therefore, 



Decisions and Adjustments of Complaints 133 

It Is Ordered, that the Atlantic Greyhound Corporation and the Park- 
way Bus Company are hereby ordered and directed to move from the old 
union bus station in the Reeves Building to the new bus station erected 
on lots Nos. 27 and 28, block 3, on Jefferson Avenue, West Jefferson, N. C, 
at their earliest possible convenience, and to proceed to operate said sta- 
tion as a union bus station in accordance with agreement between the two 
companies at the meeting held in Winston-Salem on the date referred to 
above. 



This 5th day of June, 1943. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2924. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



BUS STATION, WILLIAMSTON, N. C. 
Order Approving Plans and Specifications 

The plans and specifications for the erection of an eight feet by 40 feet 
annex to the bus station at Williamston, N. C, having been submitted to 
the Commission for approval by the Carolina Coach Company, and it ap- 
pearing that said annex will provide sufficient and adequate rest room 
facilities for both white and colored passengers, and it further appearing 
that a partition is to be constructed in the existing building by which white 
and colored passengers will be segregated, as provided by law, and with 
sufficient seating room, said plans and specifications are hereby approved. 
This approval, however, does not carry with it the approval of any con- 
concessions in the station building, as none are shown by the plans sub- 
mitted. 

By Order of the Commission. 

This the 28th day of June, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 3132. 



IN THE MATTER OF ENLARGEMENT OF THE SHIPPING AREA 
AT GASTONIA SO AS TO INCLUDE THE TOWN OF DALLAS, N. C. 

Order 

The question has arisen concerning the area of the pickup and delivery 
limits in the vicinity of Gastonia, and inasmuch as the town of Dallas, 
N. C, is located a distance of approximately four miles from the town of 
Gastonia and the shipping and manufacturing interests in said town of 
Dallas are considered by the motor freight transportation companies serv- 
ing Gastonia to be a part of the commercial area of the Town of Gastonia; 
it is believed to be expedient and in the public interest to extend such pick- 
up and delivery limits so far as to include the said Town of Dallas; there- 
fore, it is 



134 N. C. Utilities Commission 

Ordered, that the pickup and delivery limits of Gastonia be extended 
so as to include the said Town of Dallas. 
By Order of the Commission. 
This the 26th day of March, 1943. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2886. 

IN THE MATTER OF SETTLEMENT OF C.O.D. ACCOUNTS AND 
PRIORITY OF COLLECTIONS MADE FOR SHIPMENTS. 

Order 

Whereas, informal complaints in increasing numbers are coming to the 
Commission to the effect that certain carriers fail to settle C.O.D. accounts 
with reasonable promptness, resulting in loss to carriers whose accounts 
are promptly paid; and 

Whereas, it is necessary for the preservation of the transportation sys- 
tem of property by truck that immediate and effective steps be taken to 
insure the payment of C.O.D. collections, 

It Is Now Therefore Ordered by the Commission: 

1. That each holder of a franchise certificate from the North Carolina 
Utilities Commission be and appear before the Commission at its office in 
Raleigh at 11:00 A. M. on Monday, the 18th day of October, 1943, and 
then and there show cause, if any, why order should not be issued by this 
Commission, under and by virtue of its authority, containing such provi- 
sions as may be found necessary to preserve and protect collections made 
on C.O.D. shipments, but more specifically the following provisions: 

(a) On or before the 1st day of November, 1943, each holder of a 
franchise certificate from the North Carolina Utilities Commission shall 
establish a separate bank account in which shall be deposited all col- 
lections for C.O.D. shipments and from which shall be drawn all pay- 
ments for C.O.D. shipments, said bank account to be designated as 
"Special Account for C.O.D. Collections." 

(b) That on or before the 10th day of November, 1943, each holder 
of a franchise certificate from the North Carolina Utilities Commission 
shall file with the Commission, under oath, a statement that the special 
account referred to in (a) above, has been established, in which state- 
ment each carrier shall give the name of the bank where the said ac- 
count has been established and the date upon which the same was es- 
tablished, and shall file with said statement a statement under oath of 
the bank that such special account has been established, that such ac- 
count has been opened with such bank upon the day named in the state- 
ment of the carrier. Said statement from the bank shall contain a pro- 
vision agreeing that a representative of the North Carolina Utilities 
Commission shall at any time have a right to inspect and examine the 
special account, as to deposits, withdrawals, balances and dates; and 
shall likewise during the time that the same are held by the bank, have 
the right to examine the vouchers or checks and duplicate deposit mem- 
oranda in connection with said account. Such statement shall also be 






Decisions and Adjustments of Complaints 135 

signed by the carrier to authorize the representative of the Commission 
to make such examinations. 

(c) Immediately, upon the establishment of the special account re- 
quired by (a) above, all C.O.D. collections, including fees and commis- 
sions on C.O.D. shipments shall be deposited by the carrier in such 
special account directly and without intermingling with other funds of 
the carrier or through deposit in other accounts and thereafter all pay- 
ments for C.O.D. collections shall be drawn against said special account 
by check or voucher, whereon shall be shown specifically the C.O.D. col- 
lection paid by said voucher or check. 

(d) When the carrier remitting the C.O.D. collection has drawn his 
check or voucher for the payment of the same, he shall make a copy 
thereof and shall transmit the said copy to the connecting carrier from 
whom the C.O.D. shipment was received, or in lieu thereof, shall transmit 
to the connecting carrier from whom the shipment was received, a notice 
of the payment of said C.O.D. giving the name of the shipper, date of 
payment and the way-bill number of the connecting carrier of the 
C.O.D. shipment. 

(e) The carrier shall not withdraw from said special account the 
fees and commissions accumulated therein except on the first day of 
each month after the establishment of said special account, and then 
shall only withdraw the excess of the fees and commissions for the pre- 
ceding two (2) months, or in lieu shall keep a balance equal to the fees 
and commissions for the preceding two (2) months. 

(f) Ten (10) days after any carrier has made complaint that any 
other carrier has failed to remit for C.O.D. collection, such complaining 
carrier shall report to the Commission the name of the carrier failing 
to remit and the date upon which failure to remit was called to the 
attention of the carrier, accompanied by a copy of the letter or notice 
from the complaining carrier to the carrier failing to remit. 

2. That on and after the 1st day of November, 1943, all C.O.D. collec- 
tions made by any carrier holding a franchise certificate from the North 
Carolina Utilities Commission shall be due as a prior claim as against 
the collecting carrier and no certificate issued by the North Carolina Utili- 
ties Commission shall be subjected to any claim whatever except for wages 
and salaries of officers and employees for a two (2) months' period, until 
all collected C.O.D. amounts have been paid and no order issued by this 
Commission after the 1st day of November, 1943, authorizing the encum- 
bering, sale or other transfer of any certificate shall operate in any man- 
ner to relieve such franchise of liability for unremitted C.O.D. collections. 

Take Due Notice of this order under .penalty that if you do not appear 
upon the date named, the Commission will hold you bound by its decisions 
in the premises. 

This the 22nd day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2976. 



136 N. C. Utilities Commission 

IN THE MATTER OF SETTLEMENT OF C.O.D. ACCOUNTS AND 
PRIORITY OF COLLECTIONS MADE FOR SHIPMENTS. 

Notice of Postponement 

You have been notified that the above case would be heard by the Com- 
mission on Monday, October 18, 1943, but same has been postponed to Fri- 
day, November 12, 1943, at 11 o'clock A. M., in the Office of the Commission, 
Raleigh, North Carolina! 

The proposed order is very broad and apparently has been construed to 
cover all carriers doing a C.O.D. business. This order was drawn by coun- 
sel for a group of carriers and presented to this Commission for considera- 
tion, and this explains why the matter was set for hearing, in order that 
all carriers having any interest in the matter might present that interest 
in accordance with the Commission's rules of practice on or before the 
date of hearing. We should be glad to have a statement in writing from 
each of the carriers receiving copies of this notice at least five days before 
the date of hearing, setting forth fully their position on this subject and 
to what extent they are now attempting to handle their C.O.D. collections 
in a manner which permits them to keep an intelligent record thereon. 
Those who have already done this need not duplicate it. 

It is not necessary to go to any length in making such a report — a letter 
will suffice. This will permit the Commission to advise itself from the record 
of what is now the generally accepted practice. Such a letter report should 
not be construed as being a final representation of the respondent thereon, 
because, if you have any serious objection to the proposal, that should be 
presented fully by brief or personal representation on the date of the 
hearing. 

Please take notice of the new date referred to above. 

This the 13th day of October, 1943. 

Docket No. 2976. R. O. Self, Chief Clerk. 

IN THE MATTER OF SETTLEMENT OF C.O.D. ACCOUNTS AND 
PRIORITY OF COLLECTIONS MADE FOR SHIPMENTS. 

Order 

Whereas, informal complaints in increasing numbers are coming to the 
Commission to the effect that certain carriers fail to settle C.O.D. accounts 
with reasonable promptness, resulting in loss to carriers whose accounts are 
promptly paid; and 

Whereas, it is necessary for the preservation of the transportation sys- 
tem of property by truck that immediate and effective steps be taken to 
insure the payment of C.O.D. collections, 

It Is, Therefore, Ordered by the Commission: 

1. That each holder of a franchise certificate issued by the North Caro- 
lina Utilities Commission for the transportation of general commodities 
by motor vehicle — railway express companies and rail carriers using motor 
vehicles as auxiliary to or supplemental of their service by rail and which 
do not interchange C.O.D. shipments with other motor vehicle franchise 
carriers excepted — shall elect to adopt and put into effect not later than 



Decisions and Adjustments of Complaints 137 

the 1st day of January, 1944, Plan I, II or III, hereinafter described, 
to wit: 

Plan I. Upon the delivery of any C.O.D. shipment to the consignee the 
agent of the carrier delivering the same shall as speedily as facilities will 
permit transmit the sum required to be collected upon such delivery to the 
office of said carrier from which disbursements are made and said office 
shall immediately remit said sum to the party entitled to receive the same. 
Failure for any reason to make such remittance within seventy-two (72) 
hours after the delivery of any C.O.D. shipment to the consignee shall be 
promptly reported to the Commission in writing with a full explanation 
of the reason therefor. 

Plan II. No C.O.D. shipment shall be accepted by any motor vehicle 
carrier until such carrier shall have procured and filed with the Commis- 
sion a good and sufficient bond, the amount of which shall be determined 
by the number of trucks used in intercity operations in North Carolina. 
The minimum bond required shall be $1,000.00, which shall be deemed 
sufficient for not more than three trucks. $500.00 shall be added for each 
of the next seven trucks. $750.00 shall be added for each additional truck 
over ten, but a bond of $10,000.00 shall be deemed sufficient for any num- 
ber of trucks, a tractor-trailer unit being classified as a truck for the 
purpose of fixing the amount of bonds herein required. 

The bonds herein required shall be substantially in the form and con- 
ditioned as follows : 
North Carolina, 

County. 

Know All Men by These Presents, that we, , 

as principal, and and , 

as sureties, are held and firmly bound unto the State of North Carolina 

in the sum of Dollars ($ ), to the payment 

whereof we bind ourselves, our heirs, administrators, executors, suc- 
cessors and assigns, jointly and severally, firmly by these presents. 

Signed and sealed this day of , 194 

The condition of the above obligation is that whereas the above 

named is a motor vehicle carrier of 

property operating trucks and tractor-trailer units in 

intercity service in North Carolina under the authority of the North 
Carolina Utilities Commission, and as such it is its duty to accept, trans- 
port and deliver sundry C.O.D. shipments, to receive payment therefor 
and to promptly remit the same to the parties entitled thereto. Now, 

therefore, if the said shall within 

ten (10) days after the delivery of any and all C.O.D. shipments remit 
in full the sum required to be collected upon such deliveries to the party 
or parties entitled to receive the same, then this obligation shall be void, 
otherwise to remain in full force and effect. Any increase or decrease in 
the number or kind of units of equipment used by said carrier shall not 
affect the validity of this obligation. 

( Se al ) 

Principal 

(Seal) 

WITNESS : Surety 

(Seal) 

Surety 



138 N. C. Utilities Commission 

Note: Sureties, other than surety companies authorized to do busi- 
ness in North Carolina, should justify before the Clerk of the Superior 
Court in the county in which they reside. 

Plan III. No C.O.D. shipment shall be accepted by any motor vehicle 
carrier until such carrier shall have established a separate bank account 
in which shall be deposited all collections for C.O.D. shipments and from 
which shall be drawn all payments for C.O.D. shipments, said bank account 
to be designated as "Special Account for C.O.D. Collections," and shall have 
filed with the Commission, under oath, a statement that said special ac- 
count referred to above has been established, in which statement each car- 
rier shall give the name of the bank where the said account has been es- 
tablished and the date upon which the same was established, and shall file 
with said statement a statement of the bank that such special account has 
been established, that such account has been opened with such bank upon 
the day named in the statement of the carrier. Said statement from the 
bank shall contain a provision agreeing that a representative of the North 
Carolina Utilities Commission shall at any time have a right to inspect 
and examine the special account, as to deposits, withdrawals, balances and 
dates, and shall likewise during the time that the same are held by the 
bank, have the right to examine the vouchers or checks and duplicate 
deposit memoranda in connection with said account. Such statement shall 
also be signed by the carrier to authorize the representative of the Com- 
mission to make such examinations. 

Upon the establishment of the special account required above, all C.O.D. 
collections, including fees and commissions on C.O.D. shipments, shall be 
deposited by the carrier in such special account as speedily as facilities 
will permit and shall not thereafter be intermingled with other funds of 
the carrier, and all payments for C.O.D. collections shall thereafter be 
drawn against said special account by check or voucher, whereon shall be 
shown specifically the C.O.D. collections paid by said voucher or check, 
which payment in each case shall be made in full within ten (10) days 
after the date of the delivery of any such shipment to the consignee. 

The carrier shall not withdraw from said special account the fees and 
commissions accumulated therein except on the first day of each month 
after the establishment of said special account, and then shall only with- 
draw the excess of the fees and commissions for the preceding two (2) 
months, or in lieu shall keep a balance equal to the fees and commissions 
for the preceding two (2) months. 

2. That upon failure of any carrier, without good cause shown, to com- 
ply strictly with the provisions of the plan which it elects to adopt and put 
into effect the Commission may, in its discretion, require such carrier to 
qualify under one of the other plans above described to be designated by 
the Commission. 

3. That when the carrier remitting the C.O.D. collection has drawn his 
check or voucher for the payment of the same, he shall make a copy thereof 
and shall transmit the said copy to the connecting carrier from whom the 
C.O.D. shipment was received, or in lieu thereof, shall transmit to the 
connecting carrier from whom the shipment was received, a notice of 
the payment of said C.O.D. giving the name of the shipper, date of pay- 



Decisions and Adjustments of Complaints 139 

ment and the way-bill number of the connecting carrier of the C.O.D. ship- 
ment. 

4. That ten (10) days after any carrier has made complaint that any 
other carrier has failed to remit for C.O.D. collection, such complaining 
carrier shall report to the Commission in writing the name of the carrier 
failing to remit, the date shipment was delivered to said carrier failing 
to remit and the date upon which failure to remit was called to the at- 
tention of the carrier, accompanied by a copy of the letter or notice from 
the complaining carrier to the carrier failing to remit. 

5. That on and after the 1st day of January, 1944, all C.O.D. collections 
made by any carrier holding a franchise certificate from the North Caro- 
lina Utilities Commission shall be due as a prior claim as against the col- 
lecting carrier and no certificate issued by the North Carolina Utilities 
Commission shall be subjected to any claim whatever except for wages 
and salaries of officers and employees for a two (2) months' period, until 
all sums due on C.O.D. shipments have been paid and no order issued by 
this Commission after the 1st day of January, 1944, authorizing the en- 
cumbering, sale or other transfer of any certificate shall operate in any 
manner to relieve such franchise of liability for unremitted C.O.D. col- 
lections. 

6. That paragraphs 2, 3, 4, and 5 of this order shall apply equally to 
carriers electing to adopt Plan I, II or III, described above, and shall be- 
come a part of the plan elected, and all carriers shall notify the Commis- 
sion in writing of the plan elected and shall qualify thereunder on or be- 
fore the 1st day of January, 1944. 

By Order of the Commission. 

This the 8th day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner- 
Attest: R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2976. 

IN THE MATTER OF RATES FOR THE TRANSPORTATION OF 
COTTON BY MOTOR VEHICLE CARRIERS. 

Order 

In petition filed August 12, 1943, as amended September 11, 1943, in- 
terested carriers of cotton by motor vehicle within the State seek increases 
in rates required by our order in the above docket dated February 4, 1942. 
The basis of said petition is drastically increased operating costs of these 
carriers. 

Upon consideration of the matters set forth in the petition, it appears 
that increased rates and resulting revenues will be necessary in order to 
prevent the financial condition of motor vehicle carriers of cotton from be- 
coming precarious. Therefore, 

It Is Ordered, that the previous order in the above docket dated Febru- 
ary 4, 1942, be, and the same is hereby vacated and set aside, effective Sep- 
tember 27, 1943. 



140 N. C. Utilities Commission 

It Is Further Ordered, that effective on and after September 27, 1943, 
the rates, rules and regulations contained in Appendix "A" attached hereto 
and made a part hereof will be those applicable to the transportation of 
cotton either wholly by motor vehicle or partly by motor vehicle and partly 
by boat other than by fixed route motor carriers. 

It Is Further Ordered, that this order shall continue in full force and 
effect until further order of the Commission. 

By Order of the Commission. 

This 21st day of September, 1943. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(C). 

Appendix "A", N.C.U.C. Docket 2355(C), September 21, 1943. 

RULES 

Rule 1. Pickup and Delivery 

(a) Rates named in this tariff include the service of calling for freight 
and receipting therefor at the dock, platform or doorway directly accessible 
to motor vehicles at consignor's residence, warehouse, factory, store or 
similar place of business at point of origin, transportation therefrom to 
destination, and delivery to the dock, platform or doorway directly acces- 
sible to motor vehicles at consignor's residence, warehouse, factory, store 
or similar place of business at destination. 

(b) Nothing in this tariff shall require carrier to pick up or deliver 
freight at locations at which on account of the condition of the highway, 
street or alley it is impracticable to operate motor vehicles. 

Rule 2. Loading and Unloading 

The rates provided herein include the cost of the loading service at the 
origin and the unloading service at the destination. All of such loading 
and unloading services will be performed exclusively by the motor carriers 
subject to this order. 

Rule 3. Wharfage and Handling Charges or Usage Charges 
Necessary to Effect Delivery to Shipside 
Except as otherwise provided, rates published in this tariff do not in- 
clude wharfage, handling or usage charges, or other charges necessary to 
effect delivery to shipside on shipments destined for movement by water 
beyond ports. 

Rule 4. Forms, Special, Use of 

Due to advantage in special forms, special Bill of Lading and/or ship- 
ping receipt forms are used in addition to the Standard Bill of Lading 
forms, and when such special forms are used, terms and conditions gov- 
erning liability provided in uniform Motor Carriers straight Bill of Lad- 
ing, will cover. 

Rule 5. Construction of Distances 

The mileage to be applied to the following scale of rates shall be ob- 
tained from the current highway map of the State of North Carolina, pub- 



Decisions and Adjustments of Complaints 141 

lished by the State Highway and Public Works Commission and shall be 
computed over the shortest regularly traveled route between origin and 
destination. 

In the event the mileage from or to origin or destination, or both is not 
shown on the map just described, the mileage from or to the nearest inter- 
mediate point or points to or from which mileages are shown on the said 
map, shall be obtained from the current planographed county maps also 
issued by the State Highway and Public Works Commission in book form; 
and added to the distance shown on the State map. 

When interested parties fail to agree on the through distance between 
any two points, the matter shall be submitted to the Utilities Commission 
for determination. 

Appendix "A", N.C.U.C. Docket 2355(C), September 21, 1943. 
Rates in Cents Per Bale on Cotton, other than absorbant, carded, dyed, 
or Sea Island.— VIA MOTOR CARRIERS 

Volume Minimum 
(When the charge computed on the higher rate at actual quan- 
tity exceeds the charge computed on the lower rate at the applica- 
ble minimum, the charge resulting from the latter will apply.) 



'Miles 
5 
10 
15 
20 
25 

35 
40 
45 
50 
55 

60 
65 
70 

75 
80 

85 

90 

95 
100 
110 

120 
130 
140 
150 
160 

170 
180 
190 
200 
210 



Less 




Truckload 


30 Bales 


45 


40 


45 


40 


45 


40 


45 


40 


45 


40 


45 


40 


45 


45 


50 


45 


55 


50 


60 


50 


65 


60 


70 


60 


75 


65 


80 


65 


85 


70 


90 


75 


95 


80 


100 


85 


105 


85 


110 


90 


115 


95 


120 


100 


125 


105 


130 


110 


140 


115 


145 


120 


150 


125 


160 


130 


170 


145 


175 


150 



50 Bales 


**100 Bales 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


40 


45 


40 


45 


40 


50 


45 


55 


50 


55 


50 


55 


50 


60 


55 


65 


60 


70 


65 • 


75 


70 


75 


70 


80 


75 


85 


80 


90 


85 


95 


90 


100 


95 


105 


100 


110 


105 


115 


105 


125 


110 


135 


110 


140 


115 



142 



N. C. Utilities Commission 



Appendix "A", N.C.U.C. Docket 2355(C), September 21, 1943. 
Volume Minimum 

(When the charge computed on the higher rate at actual quan- 
tity exceeds the charge computed on the lower rate at the applica- 
ble minimum, the charge resulting from the latter will apply.) 



*Miles 
220 
230 
240 
250 
260 

270 
280 
290 
300 
310 

320 
330 
340 
350 
360 

370 

380 
390 
400 
410 

420 
430 
440 
450 



Less 
Truckload 
185 
195 
200 
210 
220 

225 
235 
245 
255 
265 

275 
280 
285 
290 
295 

305 
315 
320 
325 
330 

335 
345 
345 
355 



30 



Bales 

155 

165 

170 

175 

180 

190 
195 
200 
205 



50 Bales 


**100 Bales 


145 


120 


155 


125 


160 


130 


165 


135 


170 


140 


180 


145 


185 


145 


190 


150 


195 


155 


200 


160 


205 


160 


210 


165 


215 


170 


220 


175 


225 


180 


235 


190 


245 


195 


250 


200 


255 


205 


260 


210 


265 


215 


270 


220 


275 


225 


285 


235 



* Applicable only on compressed cotton. 

* For any distance not listed, use nearest distance that is listed. 

Docket No. 2355(C). 



IN THE MATTER OF INCREASED RATES ON COTTON BY MOTOR 
CARRIERS. 

Suspension Order 

It Appearing, that there has been filed with the Utilities Commission 
a tariff containing schedules stating new individual rates and charges, and 
new individual regulations and practices affecting such rates and charges 
to become effective on April 20, 1944, designated as follows: 
North Carolina Truck Owners Association, Inc., Agent, 
N.C.U.C. No. 8, Local Motor Freight Tariff No. 7. 

It Is Ordered, that the Commission upon complaint, without formal 
pleadings, enter upon a hearing concerning the lawfulness of the rates, 
charges, regulations and practices stated in said schedules contained in 
said tariff. 



Decisions and Adjustments of Complaints 143 

It Further Appearing, that said schedules make certain increases in 
the rates and charges applicable to the transportation of cotton via motor 
carrier, in intrastate traffic in North Carolina and the rights and interests 
of the public appearing to be injuriously affected thereby, and it being 
the opinion of the Commission that the effective date of the said schedules 
contained in said tariff be postponed pending said hearing and decision 
thereon. 

It Is Further Ordered, that the operation of all said schedules contained 
in said tariff be suspended, and that the use of the rates, charges, regula- 
tions and practices therein stated be deferred until the 19th day of July, 
1944, unless otherwise ordered by the Commission, and no change shall be 
made in such rates, charges, regulations and practices during the said 
period of suspension unless authorized by special permission of the Com- 
mission. 

It Is Further Ordered, that if this proceeding is not concluded and 
the final order made prior to the date to which suspended in the next above 
ordering paragraph, the operation of the schedules contained in said tariff 
which on that date have not been affected by vacating orders or which have 
not been cancelled under authority of special permission of the Commission, 
be further suspended and that the rates, charges, regulations and practices 
so suspended be further deferred until the 17th day of October, 1944, unless 
otherwise ordered by the Commission, and no change shall be made in the 
rates, charges, regulations and practices so suspended unless authorized 
by special permission of the Commission. 

It Is Further Ordered, that the rates, charges, regulations and prac- 
tices thereby sought to be altered shall not be changed by any subsequent 
tariff or schedule until this investigation and suspension proceeding has 
been disposed of or until the period of suspension or any extension thereof 
has expired, unless authorized by the Commission. 

It Is Further Ordered, that a copy of this order be filecl with said 
schedules in the office of the Commission, and that a copy hereof be forth- 
with served upon the carriers party to said schedules and upon carriers' 
agent and that said carriers party to said schedules be, and they are here- 
by, made respondents to the proceeding. 

It Is Further Ordered, that this matter be and same is hereby assigned 
for hearing before the Commission in its hearing room in Raleigh, North 
Carolina at 10:00 o'clock A. M. on July 10, 1944. 

By Order of the Commission. 

This 19th day of April, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(C). 

IN THE MATTER OF INCREASED RATES ON COTTON BY MOTOR 
VEHICLE CARRIERS. 

Special Permission 

It Appearing, that by an order dated April 19, 1944, the Commission en- 
tered into an investigation concerning the lawfulness of the rates, charges, 
regulations and practices stated in a certain schedule designated in said 
order, and suspended the operation of said schedule until October 17, 1944; 



144 N. C. Utilities Commission 

It Is Further Appearing, that respondent carriers by petition filed July 
19, 1944, seek authority to cancel the suspended schedule on notice to the 
public and the Commission of one day, and to file in lieu thereof another 
schedule on less than 30 days notice, wherein will be published a level of 
rates as set out in said petition filed July 19, 1944. Good cause appearing 

It Is Ordered, that respondents be, and they are hereby, authorized to 
cancel on notice of one day the schedule under suspension herein, viz., North 
Carolina Truck Owners Association, Inc., N.C.U.C. No. 8, and on or before 
August 10, 1944, to file on not less than fifteen days notice a schedule of 
rates and charges as described in respondents' petition filed with this Com- 
mission on July 19, 1944. 

By Order of the Commission. 

This 4th day of August, 1944. 

R. O. Self, Chief Clerk. 

Docket No. 2355(C). 

IN THE MATTER OF RATES BY MOTOR VEHICLE CARRIERS FOR 
TRANSPORTATION OF COTTON. 

Order 

Pursuant to our announced policy of progressively regulating every in- 
trastate motor vehicle carrier operating over the public highways of the 
State; and in response to an application filed with us on March 7, 1944, 
we issued an order on March 15, 1944, requiring the carriers to file a tariff 
in standard form of rates, descriptions, regulations and rules applicable to 
the transportation of cotton, by motor vehicle carriers. 

The tariff identified as N.C.U.C. No. 12, and filed with us on August 9, 
1944, to become effective August 28, 1944, was given wide distribution to 
all known shippers of cotton and other interested parties. 

The common level of rates, rules and regulations set out in the foregoing 
tariff and its supplements having been approved by us to become effective 
on August 28, 1944: 

It Is Ordered, that our previous orders in this proceeding, the terms 
of which fixed the rates, descriptions, regulations and rules for the trans- 
portation hereinbefore described, be and the same are hereby, vacated and 
set aside as of midnight August 27, 1944; 

It Is Further Ordered, that on and after August 28, 1944, all motor 
vehicle carriers (except franchised carriers of general commodities over 
fixed routes) engaged in the transportation of cotton, between cities and 
towns within the State and over the public highways of the State, be 
and the same hereby are required to charge for said transportation the 
precise rates published and set out in N.C.U.C. No. 12, Local Motor Freight 
Tariff No. 7-A, issued by North Carolina Truck Owners Association, Inc. 

It Is Further Ordered, that all carriers not in compliance with the 
tariff filing provision of the order herein of March 7, 1944, be and the 
same hereby are required to comply with said provision in said order on 
or before October 28, 1944, or in the meantime on or before October 28, 
1944, such carriers may appear at the offices of the Commission to show 
cause, if any there be, why said order should not be complied with. 



Decisions and Adjustments of Complaints 145 

It Is Further Ordered, that on or after October 28, 1944, any carrier of 
cotton described herein, not in compliance with outstanding* orders herein, 
be cited to appear before the Commission and show cause, if any there be, 
why their license should not be" revoked in accordance with the provisions 
of Section 4, Chapter 247, P. L. 1937. 

It Is Further Ordered, that this order shall continue in force and effect 
until further order of the Commission. 

By Order of the Commission. 

This 28th day of August, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(C). 

IN THE MATTER OF INCREASED RATES ON COTTON BY MOTOR 
VEHICLE CARRIERS. 

Order 

It Appearing, that by order dated April 19, 1944, the Commission en- 
tered into an investigation concerning the lawfulness of rates, rules, and 
regulations stated in certain schedules designated in said order and sus- 
pended the operation of said schedules until the 17th day of October, 1944 : 

It Further Appearing, that the respondents under Special Permission 
filed a tariff effective August 28, 1944, cancelled the schedules under sus- 
pension herein; 

And It Further Appearing, that there is no good reason for the con- 
tinuing of this proceeding of Investigation and Suspension; 

It Is Ordered, that this proceeding be and it is hereby discontinued. 

By Order of the Commission. 

This 28th day of August, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(C). 

IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS FOR COMPENSATION, OF FERTILIZER 
AND FERTILIZER MATERIALS, IN TRUCKLOADS. 

Order 

By order of July 30, 1941, in Docket No. 2355, the Commission announced 
a policy of progressively supervising and regulating every intercity motor 
vehicle carrier engaged in the transportation of intrastate traffic in opera- 
tions over the public highway of the State, and in furtherance of said 
policy and responsive to Application No. 11 filed by the North Carolina 
Truck Owners Association on February 4th, 1944, it is now found neces- 
sary, desirable and in the public interest, to assume and enforce regulatory 
powers over motor vehicle carriers engaged in transporting fertilizer and 
fertilizer materials in truckloads for compensation, over the public high- 
ways of the State, from and to cities and towns. 

Carriers, shippers and receivers of said commodities failing to comply 
with the provisions of the law and of this order with respect to assessment 
and payment of the precise transportation rates and charges to be estab- 



146 N. C. Utilities Commission 

lished hereunder are subject to the penalties referred to in the general 
order of July 30, 1941. 

The provisions of this order do not appljr to common carriers of general 
commodities over fixed routes. 

It Is Ordered, that a tariff in standard form, of rates, descriptions, reg- 
ulations and rules under which the foregoing described transportation will 
be performed, be set out and arranged in a single publication for account 
of each and every motor vehicle carrier of fertilizer and fertilizer materials 
except as indicated in the next preceding paragraph, and that said tariff 
be filed with this Commission not later than March 10, 1944, and upon not 
less than thirty days notice to the Commission and the public. 

It Is Further Ordered, that this order shall continue in force until fur- 
ther order of the Commission. 

By Order of the Commission. 

This 26th day of February, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(F). 



IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS FOR COMPENSATION OF FERTILIZER AND 
FERTILIZER MATERIALS, IN TRUCKLOADS. 

Order 

Pursuant to our announced policy of progressively regulating every 
intrastate motor vehicle carrier operating over the public highways of the 
State; and in response to an application filed with us on February 4, 1944, 
we issued an order on February 26, 1944, requiring the carriers to file a 
tariff in standard form of rates, descriptions, regulations and rules ap- 
plicable to the transportation of fertilizer and fertilizer materials. 

The tariff identified as N.C.U.C. No. 6, and filed with us on March 7, 
1944, to become effective April 15, 1944, was given wide distribution to all 
known shippers and manufacturers of fertilizer and other interested par- 
ties. Upon protest a conference of protesting parties and proponent carriers 
was held at our offices after which the carriers applied for and received 
special authority to modify the proposed scale of rates. With the modifi- 
cation referred to the tariff became effective on April 15, 1944. 

The common level of rates, rules and regulations set out in the foregoing 
tariff and its supplements having been approved by us to become effective 
on April 15, 1944. 

It Is Ordered, that on and after April 15, 1944, all motor vehicle car- 
riers (except franchised carriers of general commodities over fixed routes) 
engaged in the transportation of fertilizer and fertilizer materials, between 
cities and towns within the State and over the public highways of the 
State, be and the same hereby are required to charge for said transporta- 
tion the precise rates published and set out in N.C.U.C. No. 6, Local Motor 
Freight Tariff No. 6, issued by North Carolina Truck Owners Association, 
Inc. 



Decisions and Adjustments of Complaints 147 

It Is Further Ordered, that all carriers not in compliance with the 
tariff filing provision of the order herein of February 26, 1944, be and 
the same hereby are required to comply with said provision in said order 
on or before June 1, 1944, or in the meantime on or before June 1, 1944, 
such carriers may appear at the offices of the Commission to show cause, 
if any there be, why said order should not be complied with. 

It Is Further Ordered, that on or after June 1, 1944, any carrier of 
fertilizer described herein not in compliance with the orders outstanding 1 
herein, be cited to appear before the Commission and show cause, if any 
there be, why their license should not be revoked in accordance with the 
provisions of Section 4, Chapter 247, P. L. 1937. 

It Is Further Ordered, that this order shall continue in force and effect 
until further order of the Commission. 

By Order of the Commission. 

This 15th day of April, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(F). 



IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS FOR COMPENSATION OF FERTILIZER AND 
FERTILIZER MATERIALS IN TRUCKLOADS. 

Assignment of Hearing 

Upon petition on behalf of certain motor vehicle carriers of fertilizer 
the Commission by order of May 26, 1944, entered upon an investigation 
to determine whether the publication and filing of a single tariff of fer- 
tilizer rates for the account of all such carriers will more adequately serve 
and conserve the public interest than the use of multiple tariffs to be par- 
ticipated in by individual or separate groups of motor vehicle carriers of 
fertilizer. 

The names and addresses of the petitioning carriers are set out in the 
said order of May 26, 1944. However, since that date two of the petitioning 
carriers: W. H. Weeks, Enfield, N. C, and H. V. Clayton, Prospect Hill, 
N. C, have notified the Commission of their withdrawal as petitioners. 

The remaining petitioners shall make available at the hearing herein- 
after announced a witness or witnesses for examination on material facts 
relevant to the issue : which method of rate publication will best serve and 
conserve the public interest, a single publication for account of all truck- 
Inad carriers of fertilizer, or more than one publication? The remaining 
petitioners as named below shall also arrange to submit in evidence at the 
hearing a statement showing the quantity of fertilizer in tons transported 
bv each of said petitioners for the period beginning with November 1, 1943, 
and ending with April 30, 1944. 

t t Is Ordered, that in response to petition on behalf of the following 
carriers hereinafter set out by name for opportunity to show cause, if 
any there be, why said carriers should not comply with our order of April 
15, 1944; a hearing is hereby assigned on Thursday, June 29, 1944, at 



148 N. C. Utilities Commission 

10:00 o'clock A. M., at the Commission's courtroom in Raleigh, North 
Carolina. 

Carrier Home Office 

Batts Transfer, T. L. Batts d/b/a Greensboro, N. C. 

Elders Transfer, George C. Elders d/b/a Prospect Hill, N. C. 

Lipe Motor Lines, M. P. Lipe d/b/a Hickory, N. C. 

Paits Transfer, Grover Pait d/b/a Bladenboro, N. C. 

Rudisill, G. W. Greensboro, N. C. 

Singleton, B. E. Washington, N. C. 

Textile Motor Freight, John C. Mclntyre d/b/a Laurinburg, N. C. 

Wall, Wade F Greensboro, N. C. 

Wilder, J. W., Transfer Greensboro, N. C. 

By Order of the Commission. 
This 13th day of June, 1944. 

R. 0. Self, Chief Clerk. 
Docket No. 2355(F). 

IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS FOR COMPENSATION OF FERTILIZER 
AND FERTILIZER MATERIALS. 

Opinion 

Under our general order of July 30, 1941, reported at page 180, et seq., 
biennial report, 1941-1942, we announced the following policy: 

"Whereas, by reason of insufficient funds and personnel to immediately 
and effectively assume and enforce regulatory powers over all classes 
of motor vehicle carriers, the Commission has heretofore largely re- 
stricted its supervision and regulation of motor vehicle carriers to pas- 
senger carriers and to common carrier freight operators engaged in 
general commodity transportation. Nevertheless, it is the fixed policy 
of the Commission, within the limits of its facilities, to progressively 
supervise and regulate every intrastate motor vehicle carrier operating 
over the public highways of the State, to require efficiency and dispatch 
in motor vehicle transportation, to protect duly licensed franchise car- 
riers in their rights and privileges under the law, and to restrain any and 
all practices detrimental to carriers and to the public, and to pursue 
said policy to any extent that considerations of public convenience and 
necessity may require." 

In the early part of 1942, a group of motor carriers of petroleum and 
petroleum products in bulk, came before us seeking authority to file a tariff 
of rates applicable to the transportation of said commodity for the pur- 
pose of stabilizing and making uniform their rates for such transporta- 
tion. In response to the demand thus manifested our orders of July 25, 
1942, and September 1, 1942, in Docket No. 2355(E), requires all intra- 
state motor carriers of petroleum in bulk to participate in one and the 
same tariff publication. This tariff was filed with us and accepted to be- 
come effective September 1, 1942. It is filed for the account of sixty-five 
carriers of petroleum, none of whom have responded to our invitation to 
show cause, if any there be, why they should be permitted to file individual 
tariffs. Nor has any of the numerous shippers objected to this method of 
tariff publication. It has the advantage of disclosing to a shipper the 



Decisions and Adjustments of Complaints 149 

names and addresses of all carriers engaged in transporting petroleum 
and it advertises the rates at which the service will be performed. The 
tariff is compiled and filed with us by the North Carolina Truck Owners 
Association, Inc., the only voluntary non-profit organization of its kind 
within the State. 

By petition filed February 6, 1944, the same organization sought au- 
thority to file a tariff on behalf of fifty-one intrastate motor carriers of 
fertilizer and in response thereto the following order was issued on Feb- 
ruary 26, 1944, in Docket No. 2355(F): 

"It Is Ordered, that a tariff in standard form of rates, descriptions, 
regulations and rules under which the foregoing described transporta- 
tion will be performed, be set out and arranged in a single publication 
for account of each and every motor vehicle carrier of fertilizer and 
fertilizer materials except as indicated in the next preceding paragraph, 
and that said tariff be filed with this Commission not later than March 
10, 1944, and upon not less than thirty days notice to the Commission 
and the public." 

The exception in the foregoing quotation refers to the fixed route carrier 
of general commodities. The Price Control Act requires of the carriers 
that notice of intention to increase transportation rates must be given the 
Price Administrator thirty days in advance and that the carriers must 
consent to the timely intervention before the regulatory body having juris- 
diction over such rates. The petitioning carriers notified the Office of 
Price Administration whereupon that office and individual shippers of fer- 
tilizer protested the proposed tariff, after which with minor adjustments 
it became effective on April 15, 1944, on which date we ordered all motor 
carriers of fertilizer to participate in said tariff or to appear and show 
cause, if any there be, why said order should not be complied with. 

On behalf of eight carriers, Mr. R. S. Cooper sought opportunity to 
show cause why the said eight carriers should be not required to par- 
ticipate in a single publication on file with us for account of all other 
carriers of fertilizer, and the matter was docketed and came on to be 
heard July 17, 1944, with Mr. Cooper appearing for the said group of eight 
carriers whose names appear in our order of June 13, 1944, wherein this 
matter was assigned for hearing. Only bona fide carriers of fertilizer are 
within the purview of our orders in this proceeding and for the purpose of 
determining whether these eight carriers desiring to show cause why they 
should be relieved of participating in a common tariff, are in fact subject 
to the orders, we requested them with ample notice to submit in evidence 
at the hearing a statement showing the quantity of fertilizer in tons trans- 
ported by each carrier for the period beginning with November 1, 1943, 
and ending with April 30, 1944. When called upon at the hearing to sub- 
mit such evidence they failed to produce it, or for that matter they failed 
to submit any evidence whatsoever to show that any one of said carriers 
are engaged in transporting fertilizer. To the contrary, the evidence rather 
clearly indicates that none of these eight respondents are engaged in that 
business. Therefore it is our opinion that not only should these carriers be 
not required to participate in the Fertilizer Tariff now on file with us, but 
they should be prohibited from doing so, unless they become bona fide car- 
riers of fertilizer or until they present evidence to show they are about to 
begin the transportation of fertilizer. 



150 N. C. Utilities Commission 

A letter from C. H. Noah, Traffic Manager, Southern Oil Transportation 
Company, an intrastate motor carrier, of High Point, N. C, on behalf of 
the Company represented by him, and a letter from W. S. Creighton, 
Traffic Secretary and Treasurer of the North Carolina Traffic League, on 
behalf of said league; which league is an organization of shippers, were 
without objection made a part of the record at the hearing herein. The 
general tenor of the viewpoint expressed in these letters is clearly and 
definitely to the effect that one tariff only for the account of all carriers 
of a single commodity or commodity group is of greater advantage to both 
shipper and carrier, than would be a multiplicity of tariff publications. 
Based on the record in this proceeding, our experience in matters of this 
kind, and nothing else appearing we agree with the following expressions 
from the carrier and shipper letters, respectively: 

It enables the carrier to know at all times the rates of other carriers. 
This is one advantage to the carriers. It enables the shipping public 
to know at all times the rates of all carriers without the necessity of 
referring to various and sometimes voluminous tariffs published by in- 
dividual carriers or several agencies. From our experience our pro- 
cedure has corrected a most undesirable condition which existed prior 
to our organizing the association. No complaints have been received 
from shippers or receivers of petroleum products. 

The view of our Board is that, without doubt, the Commission has 
ample power to require the filing of tariffs in the manner indicated, and 
it is also their view that the single tariff for each individual commodity 
is the proper method. . . . The filing of tariffs by the carriers is un- 
questionably preferable to having no tariffs filed by them as is the case 
at present, which makes it exceedingly difficult to find out what is the 
rate, who is publishing it, where he is located, etc., notwithstanding the 
fact that the Commission may have issued rate orders fixing the level 
of rates. 



By Order of the Commission. 
This 26th day of July, 1944. 



Docket No. 2355(F). 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



IN THE MATTER OF ESTABLISHMENT OF RATES BY MOTOR 
VEHICLE CARRIERS FOR COMPENSATION OF PETROLEUM 
AND PETROLEUM PRODUCTS IN TANK TRUCKS IN BULK. 

Order 

It Appearing, that by an order dated July 25, 1942, the Commission re- 
quired all motor vehicle carriers of petroleum and petroleum products in 
intrastate commerce to publish and file a single tariff for account of all 
such carriers, said tariff to become effective on or before September 1, 1942, 
upon not less than twenty (20) days' notice to the Commission and the 
public; 

It Further Appearing; upon consideration of a petition filed by Frances 
Johnson, to reduce the notice of twenty days to that of ten days, that good 
cause has been shown, therefore, 



Decisions and Adjustments of Complaints 151 

It Is Ordered, that the order of July 25, 1942, in this proceeding, be, 
and the same hereby, is modified so as to require notice of not less than 
ten days, but that the effective date of September 1, 1942, remains un- 
changed, as does said order of July 25, 1942, in all other respects. 

By Order of the Commission. 

This 13th day of August, 1942. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(E). 

IN THE MATTER OF INCREASED RATES FOR INTRASTATE 
TRANSPORTATION OF PETROLEUM AND PETROLEUM PROD- 
UCTS IN BULK IN TANK TRUCKS. 

Suspension Order 

It Appearing, that there has been filed with the Utilities Commission a 
tariff containing schedules stating new individual rates and charges, and 
new individual regulations and practices affecting such rates and charges 
to become effective on May 16, 1944, designated as follows: 
North Carolina Truck Owners Association, Inc., Agent, 
N.C.U.C. No. 7, Local Motor Freight Tariff No. 5-A. 

It Is Ordered, that the Commission upon complaint, without formal 
pleadings, enter upon a hearing concerning the lawfulness of the rates, 
charges, regulations and practices stated in said schedules contained in 
said tariff. 

It Further Appearing, that said schedules make certain increases in 
the rates and charges applicable to the transportation of petroleum and 
its products via motor carrier, in intrastate traffic in North Carolina and 
the rights and interests of the public appearing to be injuriously affected 
thereby, and it being the opinion of the Commission that the effective date 
of said schedules contained in said tariff be postponed pending said hear- 
ing and decision thereon. 

It Is Further Ordered, that the operation of all said schedules contained 
in said tariff be suspended, and that the use of the rates, charges, regula- 
tions and practices therein stated be deferred until the 14th day of August, 
1944, unless otherwise ordered by the Commission, and no change shall be 
made in such rates, charges, regulations and practices during the said 
period of suspension unless authorized by special permission of the Com- 
mission. 

It Is Further Ordered, that if this proceeding is not concluded and 
the final order made prior to the date to which suspended in the next above 
ordering paragraph, the operation of the schedules contained in said tariff 
which on that date have not been affected by vacating orders or which have 
not* been cancelled under authority of special permission of the Commis- 
sion, be further suspended and that the rates, charges, regulations and 
practices so suspended be further deferred until the 12th day of November, 
1944, unless otherwise ordered by the Commission, and no change shall be 
made in the rates, charges, regulations and practices so suspended unless 
authorized by special permission of the Commission. 



152 N. C. Utilities Commission 

It Is Further Ordered, that the rates, charges, regulations and prac- 
tices thereby sought to be altered shall not be changed by any subsequent 
tariff or schedule until this investigation and suspension proceeding has 
been disposed of or until the period of suspension or any extension thereof 
has expired, unless authorized by the Commission. 

It Is Further Ordered, that a copy of this order be filed with said 
schedules in the office of the Commission, and that a copy hereof be forth- 
with served upon the carriers party to said schedules and upon carriers' 
agent and that said carriers party to said schedules be, and they are hereby, 
made respondents to the proceeding. 

By Order of the Commission. 

This 15th day of May, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355(E). 

IN THE MATTER OF INCREASED RATES FOR INTRASTATE 
TRANSPORTATION OF PETROLEUM AND PETROLEUM PROD- 
DUCTS IN BULK IN TANK TRUCKS. 

Special Permission 

It Appearing, that by an order dated May 15, 1944, the Commission 
entered into an investigation concerning the lawfulness of the rates, charges, 
regulations and practices stated in a certain schedule designated in said 
order, and suspended the operation of said schedule until August 14, 
1944; 

It Further Appearing, that respondents by petition filed June 24, 1944, 
seek authority to cancel the suspended schedule on notice to the public and 
the Commission of one day, and to file in lieu thereof another schedule 
on less than 30 days' notice, wherein will be published a level of rates not 
to exceed an increase of four (4%) per cent above the existing level. Good 
cause appearing, 

It Is Ordered, that respondents be, and they are hereby, authorized to 
cancel on notice of one day the schedule under suspension herein, viz., 
N.C.U.C. No. 7, and on or before July 10, 1944, to file on not less than five 
days' notice a schedule of rates and charges which shall not exceed the 
existing level of rates and charges by more than four (4%) per cent, frac- 
tions properly resolved. 

By Order of the Commission. 

This 26th day of June, 1944. 

R. O. Self, Chief Clerk. 

Docket No. 2355(E). 

IN THE MATTER OF INCREASED RATES FOR INTRASTATE 
TRANSPORTATION OF PETROLEUM AND PETROLEUM PROD- 
UCTS IN BULK IN TANK TRUCKS. 

Order Discontinuing Suspension Proceeding 

It Appearing, that by an order dated May 15, 1944, the Commission en- 
tered into an investigation concerning the lawfulness of the rates, charges, 



Decisions and Adjustments of Complaints 153 

regulations and practices stated in a certain schedule designated in said 
order, and suspended the operation of said schedule until August 14, 1944; 

It Further Appearing, that respondents under special permission filed a 
tariff effective July 10, 1944, cancelling the schedule under suspension 
herein ; 

And It Further Appearing, that there is no good reason for the contin- 
uance of this proceeding of investigation and suspension; 

It Is Ordered, that this proceeding be, and it is hereby, discontinued. 

By Order of the Commission. 

This 10th day of July, 1944. 

R. O. Self, Chief Clerk. 

Docket No. 2355(E). 

IN THE MATTER OF DOCKET NO. 2355, MOTOR VEHICLE CAR- 
RIERS RESTRICTED TO THE HAULING OF CERTAIN COM- 
MODITIES. 

Order 

As of July 30, 1941, the Commission on its own motion issued a general 
order with reference to establishing regulations over carriers of tobacco, 
tobacco containers and accessories, and to establish rates therefor. A meet- 
ing was held on August 6, 1941, before the full Commission at which the 
carriers of these commodities were given an opportunity to be heard. 

The carriers appointed a committee and after several meetings, filed 
rates, rules and regulations covering the transportation of such commodi- 
ties hereinbefore, named. Because of delays, the time for full compliance 
was extended from time to time as is indicated by the record. Rates were 
filed, and so far as we are advised, are being generally adhered to by the 
carriers. 

This order is being made for the purpose of directing that restricted 
common carrier certificates be issued to those who have made full com- 
pliance to date. A companion order is being issued requiring that those who 
have not already done so, make further compliance in order to obtain their 
certificates; therefore, it is 

Ordered, that restricted certificates be issued to the following carriers; 
dated December 15, 1942, in the dockets named herein: 

2297 Smith's Transfer (G. W. Smith), Wilson, N. C. 

2305 Burton Lines, Inc., Reidsville, N. C. 

2306 H. W. Miller Transfer, West Durham, N. C. 

2367 Mrs. J. T. Collins d/b/a, Collins Transfer & Storage, Lumberton, 

N. C. 
2379 Henry Gordan Branch, Branch Transfer, Lumberton, N. C. 
2390 Wilbur Jones d/b/a, Jones Transfer, Fairmont, N. C. 
2445 Martin County Transfer Co., Inch, Robersonville, N. C. 
2449 M. C. Garner Truck Lines, Apex, N. C. 
2444 J. S. Mann, RFD 5, P. O. 2011, Raleigh, N. C. 

2451 Henderson Bonded Lines, Henderson, N. C. 

2452 Clay's Transfer Co., Geo. W. Clay and Wiley W. Clay, Rocky 
Mount, N. C. 



154 N. C. Utilities Commission 

2536 Forbes Transfer Co., Wilson, N. C. 

2591 Hofler & Boney Transfer Co., Inc., Wallace, N. C. 

2592 F. S. Winslow, Fred's Truck Line, Winfall, N. C. 
2621 Hardys Transfer, Farmville, N. C. 

2635 Bass Bonded Trucks, Inc., Tarboro, N. C. 
2637 Johnson Transit Co., Dunn, N. C. 

The above carriers have complied with the statute in filing the necessary 
applications and exhibits, including insurance, as well as participating in 
the rates filed and approved. 

This the 30th day of November, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2355. 

FRANCHISE CERTIFICATE TO BE REQUIRED OF ALL MOTOR 
VEHICLE CARRIERS ENGAGED IN THE INTRASTATE TRANS- 
PORTATION OF UNMANUFACTURED TOBACCO AND ACCES- 
SORIAL COMMODITIES FROM AND TO CITIES AND TOWNS 
WITHIN THE STATE OF NORTH CAROLINA. 

By notices dated September 29, 1941, November 29, 1941, and February 
28, 1942, Docket No. 2355, in the above entitled matter, the date on or be- 
fore which applications are to be filed with the Commission is fixed as 
July 1, 1942. Circumstances which made it expedient to extend the time 
in which persons desiring to continue in the transportation described above 
may file their applications remain unchanged, and good cause appearing 
therefor, the date is hereby further postponed to a date to be later an- 
nounced. In all other respects the notice of September 29, 1941, remains 
unchanged. 

By Order of the Commission. 

This 5th day of December, 1942. 

R. O. Self, Chief Clerk. 

Docket No. 2355. 

IN THE MATTER OF FRANCHISE CERTIFICATE TO BE REQUIRED 
OF ALL MOTOR VEHICLE CARRIERS ENGAGED IN THE INTRA- 
STATE TRANSPORTATION OF UNMANUFACTURED TOBACCO 
AND ACCESSORIAL COMMODITIES FROM AND TO CITIES AND 
TOWNS WITHIN THE STATE OF NORTH CAROLINA. 

Order 

The matter of requiring all carriers engaged in transporting unmanufac- 
tured tobacco and accessorial commodities to obtain a franchise certificate 
coming on for further consideration and good cause appearing; 

It Is Ordered, that each and every intrastate motor vehicle carrier of 
unmanufactured tobacco and accessorial commodities for compensation, be 
and the same are hereby, required to file an application with this Commis- 






Decisions and Adjustments of Complaints 155 

sion on or before February 15, 1944, for a franchise certificate as provided 
in Chapter 136, Public Laws of 1927, as amended, the Acts of the General 
Assembly of 1937, and our rules pertaining to the filing of such applica- 
tions; 

It Is Further Ordered, that any carrier failing to file an application 
for a franchise certificate within the time specified in the next preceding 
paragraph be, and the same is hereby, cited to appear before this Com- 
mission during regular office hours, on or before March 1, 1943, to show 
cause, if any there be, why the failure to comply with the foregoing pro- 
visions should not result in certification by this Commission to require 
revocation of the license under which said respondent motor vehicle carrier 
operates. 

It Is Further Ordered, that a copy of this order be served upon every 
carrier named in the list appended hereto and made a part hereof. 

By Order of the Commission. 

This 16th day of December, 1943. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 



A. & E. Truck Line, Battleboro, N. C. 

Barefoot Transfer Company, Dunn, N. C. 

Best, A. G., Whiteville, N. C. 

Blair Transit Company, Richmond, Va. 

Bracy, R. L., Rowland, N. C. 

Bright Belt Motor Line, Grifton, N. C. 

C. & S. B. Transfer, Clinton, N. C. 

Chewning Transfer, Lilesville, N. C. 

G. N. Childress Transportation Company, Sanford, N. C. 

Dail Trucking Company, Inc., Mount Olive, N. C. 

Dick, R. C, Mebane, N. C. 

Disher Transfer & Storage Co., Winston-Salem, N. C. 

Dove, J. A., Bladenboro, N. C. 

Dowless, T. C, Transfer, Bladenboro, N. C. 

Evans Truck Line, Nashville, N. C. 

Fleming's Transfer, Danville, N. C. 

Fred's Truck Line, Winfall, N. C. 

Griffin, Ray, Fairmont, N. C. 

Griffith, W. M., Graham, N. C. 

Grimes, Alton E., Robersonville, N. C. 

Henry, C. S., Red Gate Ave., Rocky Mount, N. C. 

Hills Truck Line, Murfreesboro, N. C. 

Jones Transfer, Fairmont, N. C. 

Jones, S. T., Route 3, Rocky Mount, N. C. 

King, C. C, Tar Heel, N. C. 

Leete, Laurin E., Wise, N. C. 

Lewis Truck Lines, Conway, N. C. 

McGee Truck Line, Weldon, N. C. 

McLaurin, J. F., Inc., McColl, S. C. 

McLean Trucking Company, Inc., Fayetteville, N. C. 



156 N. C. Utilities Commission 

McLeod's Transfer, Inc., Fayetteville, N. C. 

Mann's Transfer, Raleigh, N. C. 

Mathias & Company, Inc., Washington, N. C. 

Maultsby, R. H., Bolivia, N. C. 

Moore's Truck Line, Goldsboro, N. C. 

N. B. & C. Motor Lines, Washington, N. C. 

Nixon Brothers, Smithfield, N. C. 

Pait's Transfer Company, Elizabethtown, N. C. 

Pait, J. R., Clinton, N. C. 

Parker Transportation Company, Raleigh, N. C. 

Pinnell, J. K., Warrenton, N. C. 

Pinyatello, Lewis, Goldsboro, N. C. 

Porter, Julian Patrick, Severn, N. C. 

Porter, William Barham, Severn, N. C. 

Rash, T. H., Inc., Blackstone, Va. 

Renfrow, J. 0., Wendell, N. C. 

Renfrow- Whitley Tobacco Company, Wendell, N. C. 

R. H. B. Motor Line, Conway, N. C. 

Ross Transfer, Henderson, N. C. 

Safety Transportation Company, Weldon, N. C. 

Schaub, C. S., Apex, N. C. 

Sellers Transfer, Rowland, N. C. 

Service Transfer Company, Ayden, N. C. 

Smith, J. P., Whiteville, N. C. 

Spence, D. W., Jr., Fuquay Springs, N. C. 

Spivey, Wilbur Matthew, Chadbourn, N. C. 

Stephenson, W. M. & Son, Pendleton, N. C. 

W. I. Tanner Transfer Company, 222 W. Va. St., Rocky Mount, N. C. 

Tatum, Joe Scott, Roxboro, N. C. 

Taylor, W. T., Como, N. C. 

Tyner, W. N., Pembroke, N, C. 

Vick Truck Line, Woodland, N. C. 

Wade, Marvin, Jr., Transfer, Dunn, N. C. 

Wilkerson, Elmer, Mebane, N. C. 

Wilson, Robert White, Yanceyville, N. C. 

Yellow Star Transfer, Inc., Burlington, N. C. 

IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTA- 
TION LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY 
BY MOTOR VEHICLE CARRIERS AND BOAT LINES, OF UN- 
MANUFACTURED TOBACCO AND ACCESSORIAL COMMODI- 
TIES, FROM AND TO CITIES AND TOWNS WITHIN THE STATE 
OF NORTH CAROLINA. 

Vacating Supplemental Order Dated October 21, 1942 

It Appearing, that supplemental order in the above entitled proceedings 
of November 25, 1942, authorized certain rates on the commodities pro- 
vided in Description "E" of Appendix "A" of the original order, and 

It Further Appearing, that by order dated October 21, 1941, rates under 
said Description "E" were ordered to be of no further force and effect, and 



Decisions and Adjustments of Complaints 157 

rates upon the commodity therein described were ordered to be the same 
as rates appearing under Description "D". Therefore, 

It Appearing, that the order of November 25, 1942, having had no force 
or effect, it is hereby 

Ordered, Vacated and set aside. 

It Is Further Ordered, that except as modified by this and previous 
supplemental orders, the said order of August 22, 1941, in this proceeding 
shall remain in full force and effect until further order of the Commission. 

By Order of the Commission. 

This the 14th day of December, 1942. 

Docket No. 2355. R. 0. Self, Chief Clerk. 

IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTA- 
TION LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY 
BY MOTOR VEHICLE CARRIERS AND BOAT LINES, OF UN- 
MANUFACTURED TOBACCO AND ACCESSORIAL COMMODITIES, 
DESCRIBED IN THE ORIGINAL ORDER HEREIN, AS AMENDED, 
FROM AND TO CITIES AND TOWNS WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

The Commission has been informed that shippers and carriers of un- 
manufactured tobacco and accessorial commodities as described in prior 
orders in this proceeding, are in doubt as to whether the rates set out 
and promulgated in said prior orders are to be applied by the regular route 
scheduled carriers of commodities generally, such as participate in the 
current issue of Motor Freight Tariff No. 1-B, of the Motor Carriers 
Traffic Association, further identified as N.C.U.C. No. 15. It appearing 
desirable to resolve such doubt; 

It Is Ordered, that the rates resulting from this proceeding be, and the 
same are, hereby made inapplicable to the class of carrier shown as par- 
ticipating in Motor Freight Tariff No. 1-B, N.C.U.C. No. 15, hereinbefore 
described. 

By Order of the Commission. 
This 18th day of May, 1943. 
Docket No. 2355. R. 0. Self, Chief Clerk. 

IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTA- 
TION LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY 
BY MOTOR VEHICLE CARRIERS AND BOAT LINES, OF UNMAN- 
UFACTURED TOBACCO AND ACCESSORIAL COMMODITIES, 
FROM AND TO CITIES AND TOWNS WITHIN THE STATE OF 
NORTH CAROLINA. 

Supplemental Order 

Upon consideration of Application No. 13 filed March 7, 1944, as amended, 
by The North Carolina Truck Owners Association for further modi- 
fication of the Commission's order of August 22, 1941, as amended, 
in the above entitled matter, to the extent of permitting intrastate motor 
carriers and boat lines, carriers of unmanufactured tobacco and acces- 



158 N. C. Utilities Commission 

sorial commodities to publish and file a single tariff containing all rates, 
descriptions, rules and regulations governing the transportation of un- 
manufactured tobacco by the aforementioned class of carrier, the Com- 
mission is of the opinion that the authority sought is desirable in the 
public interest. 

In view of the authorization contained herein to publish and file rates, 
descriptions, rules and regulations, in tariff form, it follows that all por- 
tions of the order herein as amended, prescribing rates, descriptions, rules 
and regulations will be vacated by a further order, effective simultaneously 
with the effectiveness of the authorized publication. 

The provisions of this order do not apply to common carriers of general 
commodities over fixed routes. 

It Is, Therefore, Ordered, that a tariff in standard form, of rates, 
descriptions, regulations and rules under which the foregoing described 
transportation will be performed, be set out and arranged in a single pub- 
lication for account of each and every motor vehicle and boat line carrier 
of unmanufactured and accessorial commodities except as indicated in the 
next preceding paragraph, and that said tariff be filed with this Commis- 
sion, upon not less than twenty days' notice to the Commission and the 
public and subject to suspension. 

It Is Further Ordered, that except as modified by this and prior sup- 
plemental orders, the said order of August 22, 1941, as amended in this 
proceeding shall remain in full force and effect until further order of the 
Commission. 

By Order of the Commission. 

This the 8th day of June, 1944. 

Docket No. 2355. R. 0. Self, Chief Clerk. 

IN THE MATTER OF RATES FOR INTRASTATE TRANSPORTA- 
TION LOCALLY BY MOTOR VEHICLE CARRIERS OR JOINTLY 
BY MOTOR VEHICLE CARRIERS AND BOAT LINES, OF UNMAN- 
UFACTURED TOBACCO AND ACCESSORIAL COMMODITIES, 
FROM AND TO CITIES AND TOWNS WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

By order of June 8, 1944, in response to a petition by The North Carolina 
Truck Owners Association and pursuant to our announced policy of pro- 
gressively regulating every intrastate motor carrier operating over the pub- 
lic highways of the State, we authorized the filing of a tariff of rates, 
descriptions, regulations and rules under which the service of transporting 
unmanufactured tobacco by motor vehicle is to be performed. The tariff 
required by said order of June 8, 1944, was filed with this Commission on 
June 10, 1944, and given wide distribution to parties of known interest 
along with a copy of our order of June 8, 1944, which order conveyed the 
information that said tariff was subject to suspension. The tariff not sus- 
pended, becomes effective July 1, 1944; therefore 

It Is Ordered, that our previous orders in this proceeding, the terms of 
which fixed the rates, descriptions, regulations and rules for the transpor- 
tation hereinbefore described, be and the same are hereby, vacated and 
set aside as of midnight, June 30, 1944; 



Decisions and Adjustments of Complaints 159 

It Is Further Ordered, that on and after July 1, 1944, all motor vehicle 
carriers (except franchised carriers of general commodities over fixed 
routes) engaged in the local transportation of unmanufactured tobacco 
and accessorial commodities or jointly by motor vehicle carrier and boat 
line, between cities and towns within the State, be and the same hereby are 
required to charge for said transportation the precise rates published and 
set out in N.C.U.C. No. 9, Local Motor Freight Tariff No. 8, issued by North 
Carolina Truck Owners Association, or as same may be amended from time 
to time; 

It Is Further Ordered, that all carriers not in compliance with the tariff 
filing provision of the order herein of June 8, 1944, be and the same are 
hereby required to comply with said provision in said order on or before 
August 15, 1944, or in the meantime such carriers may appear at the 
offices of the Commission to show cause, if any there be, why said order 
should not be complied with. 

It Is Further Ordered, that after August 15, 1944, any carrier of un- 
manufactured tobacco and accessorial commodities described herein not in 
compliance with outstanding orders in this proceeding, be cited to appear 
before the Commission and show cause, if any there be, why their license 
should not be revoked in accord with the provisions of Section 4, Chapter 
247, P. L. 1937; 

It Is Further Ordered, that this order shall continue in full force and 
effect until further order of the Commission. 

By Order of the Commission. 

This 1st day of July, 1944. 

R. 0. Self, Chief Clerk. 

Docket No. 2355. 

IN THE MATTER OF JOINT APPLICATION OF ABERDEEN AND 
ROCKFISH RAILROAD COMPANY AND CAPE FEAR RAILWAYS, 
INC., FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM S.A.L. STATION AT ABERDEEN OVER 
EAST MAIN ST. INTO NO. 211; VIA NO. 211 TO RAEFORD; VIA 
15-A TO BEAVER CREEK; VIA NEWLY CONSTRUCTED SUR- 
FACE TREATED COUNTY ROAD FROM BEAVER CREEK AT 
15-A TO NO. 87 AT OR NEAR CAINS; VIA NO. 87 AT OR NEAR 
CAINS TO FORT BRAGG. 

Order 

This application was filed and an emergency order issued good for one 
hundred and twenty (120) days from October 29, 1940. At the expiration 
of that date the applicant did not ask for an extension; therefore, 

It Is Ordered, that the authority granted in said order is automatically 
expired and it is cancelled. 

This the 13th day of November, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2098. 



160 N. C. Utilities Commission 

APPLICATION OF ALAMANCE COACH COMPANY OF BURLING- 
TON, N. C, FOR FRANCHISE CERTIFICATE TO OPERATE AS 
MOTOR VEHICLE CARRIER OF PASSENGERS BEGINNING IN 
BURLINGTON, ONE BLOCK WEST OF MAIN ST. ON MOREHEAD 
AND WORTH STS.; THENCE ACROSS MAIN ST. TO SPRING 
ST.; THENCE NORTH ONE BLOCK ON SPRING ST. TO MAPLE 
AVE.; THENCE EAST OVER MAPLE AVE. TO ANTHONY ST.; 
THENCE NORTH OVER ANTHONY ST. TO CENTRAL HIGHWAY 
N. C. 87 TO GRAHAM COURTHOUSE IN GRAHAM; THENCE OVER 
N. C. 87 ONE AND NINE-TENTHS MILES; THENCE THREE AND 
ONE-TENTH MILES TO SWEPSONVILLE OVER UNNUMBERED 
HARD SURFACE HIGHWAY; RETURNING OVER N. C. 87 TO 
ANTHONY ST. IN BURLINGTON; OVER ANTHONY ST. TO DAVIS 
ST.; THENCE DOWN DAVIS ST. ACROSS MAIN ST. ONE BLOCK 
WEST OF MAIN ST. TO WORTH ST.; DOWN WORTH ST. TO 
MOREHEAD ST. 

APPLICATION OF C. A. LEA t/a, C. A. LEA TRANSPORTATION 
COMPANY, AS SET OUT IN ANSWER OF C. A. LEA TRANSPOR- 
TATION COMPANY TO APPLICATION OF ALAMANCE COACH 
COMPANY, FOR EXTENSION OF FRANCHISE NO. 470 TO OPER- 
ATE AN INTERCITY BUS SERVICE BETWEEN BURLINGTON 
AND GRAHAM OVER THE FOLLOWING ROUTES: (1) BEGIN- 
NING AT THE EXISTING ROUTE OF APPLICANT RESPONDENT 
ON ANTHONY STREET AND RUNNING THENCE WITH CEN- 
TRAL HIGHWAY TO THE EASTERN CORPORATE LIMITS OF 
THE CITY OF BURLINGTON, AS EXTENDED; THENCE ON CEN- 
TRAL HIGHWAY FROM THE EASTERN CORPORATE LIMITS OF 
THE CITY OF BURLINGTON TO THE WESTERN CORPORATE 
LIMITS OF THE TOWN OF GRAHAM; THENCE FROM THE WEST- 
ERN CORPORATE LIMITS OF THE TOWN OF GRAHAM ON CEN- 
TRAL HIGHWAY TO HARDEN STREET; THENCE ON HARDEN 
STREET TO THE INTERSECTION WITH NORTH MAIN ST. (2) 
FROM THE EXISTING ROUTE OF APPLICANT RESPONDENT ON 
WEST TRADE STREET IN BURLINGTON AND ALONG GRAVES 
STREET AND U. S. HIGHWAY NO. 70 TO ITS INTERSECTION 
WITH NORTH MAIN STREET, AND FROM NORTH MAIN STREET 
ON HOLT STREET TO ITS INTERSECTION WITH GRAVES 
STREET. 

Order 

Before Commissioner Hunter 
Appearances : 

Louis C. Allen, Burlington, N. C, for Alamance Coach Company. 
Thomas D. Cooper, Burlington, N. C, for C. A. Lea Transportation 
Company. 

Hunter, Commissioner. This cause came on for hearing at the Court- 
house in Graham on December 21, 1943, upon the counter applications for 
motor vehicle franchise rights to transport passengers over the streets and 
highways named in the caption. The facts found from the testimony are 
as follows: 



Decisions and Adjustments of Complaints 161 

The city limits of Burlington and Graham join and are considered as 
one for the purpose of administering the Motor Vehicle Carrier Act. Sec. 
2, Ch. 136, Public Laws of 1927. Both cities are incorporated, the popula- 
tion of Graham being about 5,000 and the population of Burlington being 
about 25,000. The two cities and immediate vicinity is a highly industrial 
center, drawing industrial workers from many miles around, and is in 
need of additional employees and additional transportation facilities. 

The C. A. Lea Transportation Company has been the principal local pas- 
senger carrier in this area since 1931, and has operated as a franchise 
carrier since 1938, having operated as a for-hire or contract carrier prior 
to that time. It now operates both as a contract carrier and as a franchise 
carrier in Burlington, Graham and vicinity. Such dual operations in the 
same section are generally considered inconsistent and not permitted under 
Federal regulations. Sec. 210, Part II, Federal Motor Carrier Act of 1935. 
Dual operations are not prohibited by State law. As a franchise carrier 
the C. A. Lea Transportation Company owns and operates nine buses. As 
a contract carrier it operates 14 taxicabs. It operates 28 schedules per day 
between Burlington and Graham and 37 on Saturdays. It proposes to 
operate 18 additional schedules between said points. Its cost of operation 
is 22 cents per bus mile. 

The Alamance Coach Company is a newly organized partnership com- 
posed of B. R. Lowe, Gus Elkin and a partner not named in the applica- 
tion, who propose to incorporate said company if and when the application 
herein is granted. The company has arranged for the purchase of four 
buses, three of which are 1942 Chevrolets and one a 1942 Dodge. One of 
the partners, Mr. Ben R. Lowe, has had experience as a motor vehicle car- 
rier and will personally manage the proposed operation. The company 
proposes to operate six round trips daily between Burlington and Swepson- 
ville via Graham and over the route described in the caption. It estimates 
the cost of operation will be approximately 14 cents per bus mile. Both of 
said applicants propose to operate between Burlington and Graham via 
Central Highway, the usual traveled route between said points. Carolina 
Coach Company also operates over this route, but does not oppose the in- 
stant applications. 

C. A. Lea Transportation Company formerly operated from Burlington to 
Swepsonville, and operated over Central Highway. It found both operations 
to be unprofitable and discontinued the same. 

The Virginia Mills, located at Swepsonville, now has about 1,000 em- 
ployees, many of whom reside in Burlington, Graham and along the pro- 
posed route of the Alamance Coach Company. There is now no franchise 
bus service between Graham and Swepsonville, a distance of about five 
miles. The highway between said points is paved and traverses a densely 
populated section. The Virginia Mills operates two buses over this high- 
way for the transportation of its employees from Graham and Burlington, 
for which it makes a charge of ten cents. It proposes to continue this 
service. 

The Grabur Silk Mills are located near the proposed route of both appli- 
cants between Burlington and Graham. These mills employ about 260 peo- 
ple and need some 250 more employees. Bus service is not now available 
to these mills. The Grabur Silk Mills through its General Superintendent, 



162 N. C. Utilities Commission 

Mr. E. I. Bendigo, and the Virginia Mills through its Executive Vice Pres- 
ident and Manager, Mr. Walter M. Williams, strongly supported the ap- 
plication of Alamance Coach Company. The application was also supported 
by Mr. Floyd L. Phillips, Mayor of Graham, and by Mr. Harold Cox, a 
member of the City Council, and by other citizens of the city and com- 
munity. 

Upon consideration of all the testimony the hearing Commissioner is 
of the opinion and finds that public convenience and necessity was shown 
for the service proposed in the area involved by both applicants. It is not 
believed, however, that the services of both will be needed after the war. 
Neither is it believed to be advisable, or in the public interest, to establish 
two local transportation systems in the same municipality or community. 
In a case just decided in which the facts were substantially the same as 
those here presented the following comments appear which apply with equal 
force to the instant case: 

"The extent to which existing franchise rights are affected, or may be 
affected in the future, and the extent to which such rights should be 
protected under present conditions are matters of public interest. Com- 
petition between public utilities of the same class has not been found to 
be in the public interest. It is the policy of all the states, and the Fed- 
eral Government, and has been for many years, to regulate public util- 
ities rather than promote competition between them. This policy has 
resulted in better service at less cost to the public. It has no other pur- 
pose. Absolute freedom from competition does not exist, of course, and 
is not desired, but unless it is reasonably controlled regulation cannot 
be made effective. Capital has been, and is being, invested in the field 
of public utilities in the faith that such industries will not be subjected 
to both competition and regulation. We cannot have too much of both, 
and herein lies the problem presented by the present applications. 

The City Coach Company began operations in this area many years 
ago. It was encouraged to invest its capital there during the experi- 
mental stage of bus transportation. Its services have been reasonably 
satisfactory, as the testimony will show. As between it and a new opera- 
tor in the field, it should be given a preference, other things being equal. 
While the need for local service is great in this particular section, and 
will doubtless increase during the war period, it is not believed to be 
reasonable to assume that existing transportation needs will continue 
after the war. It is too hopeful to assume that trains and buses will not 
again operate with less than a pay-load. Some elimination of bus service 
must necessarily follow the return of peace-time conditions, and it seems 
the part of caution to grant new franchise rights over existing routes 
with some reasonable limitations." 

It Is, Therefore, Ordered: 

(1) That the application of B. R. Lowe, Gus Elkin and a partner not 
named in the application, trading as Alamance Coach Company for motor 
vehicle franchise rights to transport passengers over the streets and high- 
ways named in its application and set out in the caption be, and the same 
is hereby, granted, to cease and determine, however, at the expiration of 
six months from the declaration of peace between the United States and 
the countries with which it is now at war. 

(2) That the application of C. A. Lea trading as C. A. Lea Transporta- 
tion Company for motor vehicle franchise rights to transport passengers 
over the streets and highways named in its application and set out in the 
caption be, and the same is hereby, granted, and that its Franchise Cer- 
tificate No. 470 be amended accordingly. 



Decisions and Adjustments of Complaints 163 

(3) That the rights herein granted to said applicants shall be held and 
exercised subject to the right of the governing bodies of Burlington and 
Graham to change or designate schedules, routes and stops within the cor- 
porate limits of their respective cities as they may find the condition of 
streets, congestion of traffic, safety and other necessary police regulations 
to require. 

(4) That the rights herein granted shall be exercised only after ap- 
proval of the Office of Defense Transportation, as required by Federal 
regulations. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This the 5th day of January, 1944. 



By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Dockets Nos. 3030 and 3059. 



DOCKET NO. 3030— APPLICATION OF B. R. LOWE d/b/a, ALA- 
MANCE COACH CO. 

Order 

Under date of January 5th, 1944, the Commission issued an order in this 
cause, after due notice of hearing, granting the above named applicant 
motor vehicle franchise rights over certain streets and highways in Bur- 
lington, Graham and vicinity, conditioned upon the approval of the Office 
of Defense Transportation, as required by Federal regulations. Thereafter, 
upon the suggestion that the Office of Defense Transportation had declined 
to approve said application and to avert any confusion, the Commission 
on March 13, 1944, addressed a letter to said applicant with respect to the 
action of the Office of Defense Transportation, which said letter has not 
been answered or acknowledged. To the end that the matter may be ter- 
minated in an orderly manner and the Commission's file closed, 

It Is Ordered, (1) That the applicant B. R. Lowe d/b/a, Alamance 
Coach Co., be and appear before the Commission at its Hearing Room in 
the City of Raleigh, North Carolina, on Friday, April 7th, 19 %4, at 2:30 
o'clock P. M., and show cause, if any, why the Commission's order in this 
cause, dated January 5th, 1944, should not be vacated and set aside. 

(2) That a copy of this order be transmitted to said applicant by reg- 
istered mail with a return receipt requested and that a copy thereof be 
mailed to the applicant's attorney, Mr. Louis C. Allen, Burlington, N. C. 

This the 24th day of March, 1944. 

NORTH CAROLINA UTILITIES COMMISSION. 
By: Fred C. Hunter, Commissioner. 
Attest: 

R. O. Self, Chief Clerk. 
Docket No. 3030. 



164 N. C. Utilities Commission 

APPLICATION OF B. R. LOWE, ET AL., TRADING AS ALAMANCE 
COACH COMPANY, FOR OPERATING RIGHTS IN BURLINGTON, 
GRAHAM AND VICINITY. 

Order Vacating Commission's Order of January 5, 1944, 
and Dismissing Application 

The Commission having issued an order in this cause on January 5, 1944, 
granting the above-named applicants certain operating rights in Burling- 
ton, Graham and vicinity, subject to the approval of the Office of Defense 
Transportation and said applicants having failed to obtain such approval, 
the Commission issued a further order on March 24, 1944, directing said 
applicants to appear before the Commission on April 7, 1944, and show 
cause, if any, why the said order of January 5, 1944, granting operating 
rights to said applicants should not be vacated and the said applicants 
having failed to appear as directed in said order or to otherwise communi- 
cate with the Commission, 

It Is Ordered 

That the Commission's order in this cause dated January 5, 1944, be, 
and the same is hereby, vacated and that the application herein be, and 
the same is hereby, dismissed. 

This the 17th day of April, 1'944. 

NORTH CAROLINA UTILITIES COMMISSION. 
Attest: By: Fred C. Hunter, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 3030. 

APPLICATION OF J. R. ALLEN t/a, ALLEN'S TRANSFER COM- 
PANY, LOUISBURG, N. C, FOR FRANCHISE CERTIFICATE TO 
OPERATE AS MOTOR VEHICLE IRREGULAR CARRIER IN FULL 
LOADS WITHIN A RADIUS OF 200 MILES OF LOUISBURG. 

Order 
Before Commissioners Johnson and Hunter 
Appearances : 

For the Applicant: 

Malone & Malone, Louisburg, N. C. 
For the Protestants: 

Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Co.; 
I. M. Bailey, Raleigh, N. C, for Thurston Motor Lines, Motor 
Transit Co., Helms Motor Express, Barbour's Motor Express, 
Fredrickson's Motor Express, and Smith Transfer Co. 

Hunter, Commissioner : 

After due notice as required by law this cause came on for hearing on 
November 12, 1942. During the course of the hearing the applicant limited 
his proposed service to the transportation of unmanufactured farm com- 
modities including cottonseed meal and hulls and fertilizers in truckload 
lots within a radius of two hundred miles of Louisburg, the applicant's 
headquarters. With this limitation all. protestants withdrew their protest. 



Decisions and Adjustments of Complaints 165 

It appears from the testimony that the applicant is now serving the 
same area as a contract carrier transporting the same products he now 
proposes to transport as a restricted common carrier and for the same 
shippers and does not propose to extend the service to additional shippers. 
It further appears from the testimony that there is a demand and need 
for the proposed service, particularly to and from points in Franklin County 
and that the interest of the public would be better protected by change of 
status from that of a contract carrier to that of a restricted common car- 
rier as proposed by the applicant. 

It Is Therefore, Ordered 

1. That the application of J. R. Allen t/a, Allen's Transfer Company for 
restricted common carrier rights to transport unmanufactured farm com- 
modities including cottonseed meal and hulls and fertilizers in truckload 
lots to and from points within a radius of two hundred miles of Louisburg, 
be, and the same is hereby granted, certificate therefor to be issued upon 
compliance by the applicant with the rules and regulations of the Utilities 
Commission including the filing of equipment specifications and insurance. 

2. That the service contemplated by said application is construed to be 
an emergency service only and that the rights herein granted shall not be 
sold, leased, or otherwise transferred and the same shall cease and de- 
termine at the expiration of six months from the declaration of peace be- 
tween the United States and the countries with which it is now at war. 

This the 18th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2383. 



SALE AND TRANSFER OF ALL RIGHTS AND PRIVILEGES OF 
CLARENCE L. DAVIS d/b/a, APPALACHIAN TRAIL BUS LINE 
UNDER FRANCHISE CERTIFICATE NO. 467 TO SMOKY MOUN- 
TAIN STAGES, INC. 

Order Approving Sale and Transfer 

The Commission has before it an application by Clarence L. Davis 
and Smoky Mountain Stages, Inc., dated September 9, 1943, in which said 
Clarence L. Davis d/b/a, Appalachian Trail Bus Line seeks authority to 
sell and said Smoky Mountain Stages, Inc., to purchase all rights and 
privileges now held by said Davis under Franchise Certificate No. 467 and 
amendments thereto. 

It appearing to the Commission that the Smoky Mountain Stages, Inc., 
is the largest common carrier of passengers by motor vehicle in the sec- 
tion of the State west of Asheville, that it holds interstate and intra- 
state operating rights over the principal highways and serves the principal 
U wns in said section and that by reason of its larger facilities, its schedules, 
connections, and its general satisfactory service the proposed sale and trans- 
fer will be in the public interest. It further appears to the Commission 



166 N. C. Utilities Commission 

that the Interstate Commerce Commission by order made in Docket MC-F- 
2114 has authorized and approved said sale and transfer of all interstate 
rights involved. It is, therefore, 

Ordered, that the purchase by the Smoky Mountain Stages, Inc., of all 
the franchise rights and privileges of Clarence L. Davis d/b/a, Appalachian 
Train Bus Line under Franchise Certificate No. 467, to wit, the right to 
transport passengers, mail and light express between Franklin, N. C, and 
Murphy, N. C, over U. S. Highway No. 64 via Hayesville and from Mur- 
phy, N. C, to the North Carolina-Tennessee State Line over U. S. Highway 
No. 129 via Topton and Robbinsville be and the same is hereby authorized 
and approved, said Franchise Certificate No. 467 to be cancelled and Fran- 
chise Certificate No. 400 in the name of Smoky Mountain Stages, Inc., to be 
amended by including therein the above-described routes, said sale and 
transfer to become effective upon written notice to the Commission of the 
consummation thereof, the said Clarence L. Davis to thereafter cease to 
operate as a common carrier in North Carolina. 

This the 23rd day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2883. 

ASHEVILLE-ELK MOUNTAIN BUS LINES, Complainant, vs. M. V. 
HOLCOMBE AND VAUGHN HOLCOMBE t/a, MARS HILL-WEAV- 
ERVILLE BUS LINE, Respondents. 

Order 
Before Commissioner Hunter. 

This Cause which came on for hearing at Asheville on September 28, 
1942, arises upon a formal complaint and answer thereto wherein it is 
alleged by each party that the other is operating upon schedules and at 
rates not submitted to or approved by the Utilities Commission and in 
violation of certain other rules of the Commission and statutes with respect 
to safety of operations upon the highways. Each party also challenges 
the validity of the franchise rights of the other as to highways over which 
both operate. 
Appearances : 

For the Complainant: 

Hubert C. Jarvis and Don C. Young, Asheville, N. C. 
For the Respondent: 

Johnson and Uzzell, Asheville, N. C. 

Hunter, Commissioner: The charges and counter charges made in the 
pleadings and briefs filed by the respective parties in which each assails 
the validity of the franchise rights of the other between Asheville and 
Gorman's Bridge via Woodfin and Elk Mountain are not supported by the 
testimony. The records of the Commission disclose that both of said parties 
hold valid franchise rights over said route, each having obtained its rights 
upon application filed and heard in the usual way and according to the 



Decisions and Adjustments of Complaints 167 

usual and well known practice before the Commission. Neither party has 
deceived or attempted to deceive the Commission with respect to the exist- 
ence or non-existence of any franchise rights, or in any other respect. It 
does appear, however, that the respondent does not have a franchise from 
Gorman's Bridge on the French Broad River to Craggy Hill, and that it 
abandoned its service across said bridge to west side of said river for some 
three or four years. 

The testimony tends to show that the complainant began operation un- 
der its franchise certificate on August 12, 1942, and has since operated 24 
schedules daily out of Asheville from 6:30 A. M. to 11:30 P. M. Nineteen 
of these schedules leave Asheville at exactly the same time the schedules 
of the respondent leave. In other words, the respondent has only nineteen 
schedules out of Asheville daily and the complainant's schedules are set up 
to leave Asheville in every instance at the same time that the respondent's 
schedules leave with five additional schedules that leave at other times. 
The respondent's schedules have not been filed with and approved by the 
Commission, as its rules require, and it cannot be determined from the tes- 
timony nor from the Commission's records how long said schedules have 
been in effect, nor at what time changes may have been made. 

The respondent admits that it reduced its fares without notice to or ap- 
proval by the Commission, the same being reduced to five cents against ten 
cents charged by complainant between the same points. There is testimony 
to the effect that the complainant reduced its fare from fifteen cents to 
ten cents between certain points, the respondent's fare between said points 
being fifteen cents. The complainant denies any reduction of fares. 

The testimony also tends to show that the buses of said parties travel 
over said route at the same time and that the drivers for the respective 
parties frequently deliberately block the highway, refuse to let each other 
pass, cut into streets and highways immediately in front of each other, and 
generally conduct themselves in such a needless and reckless manner as to 
disqualify them as bus drivers. Furthermore, the evidence is not convinc- 
ing that the operators did not encourage the said acts of their drivers. 

Upon consideration of all the testimony the Commission is of the opinion 
that all matters in controversy can be adjusted by a rearrangement of 
schedules so that the operations of the respective parties in the same di- 
rection will be at least 30 minutes apart. The Commission, however, ad- 
vises that schedules and fares must be filed with and approved by the Com- 
mission, that the same shall not thereafter be changed without the written 
approval of the Commission, and that any future violation of the Commis- 
sion's rules and regulations, or of the law with respect to safety in driving 
motor vehicles upon the highway, will be deemed sufficient cause for the 
cancellation of the franchise certificate of the party so offending. It is 
therefore 

Ordered: (1) That the complainant, Asheville-Elk Mountain Bus Line, 
shall from and after the 8th day of February, 1943, set up its schedules 
to leave Asheville on the hour and to leave Gorman's Bridge in the reverse 
direction as near on the half-hour as its operating time will permit, and 
that in the event of unavoidable delay until within fifteen minutes of the 
next succeeding schedule of the Mars Hill-Weaverville Bus Line such de- 
layed schedule shall not be operated until at least five minutes after the 
time for the next regular schedule of said Mars Hill-Weaverville Bus Line. 



168 N. C. Utilities Commission 

(2) That the respondent, Mars Hill-Weaverville Bus Line, shall from 
and after the 8th day of February, 1943, set up its schedules to leave Ashe- 
ville on the half-hour and leave Gorman's Bridge in the reverse direction 
as near on the hour as its operating time will permit, and in the event of 
unavoidable delay until within fifteen minutes of the next succeeding 
schedule of the Asheville-Elk Mountain Bus Line such delayed schedule 
shall not be operated until at least five minutes after the time for the 
next regular schedule of said Asheville-Elk Mountain Bus Line. 

(3) That each of the parties herein shall in ample time before the ef- 
fective date of this order, to wit: February 8, 1943, file with the Commis- 
sion for its approval the rates proposed between all points on their re- 
spective routes and the proposed schedules over said routes, giving the 
time of departure from Asheville, Gorman's Bridge and all intermediate 
stops. 

(4) That the Mars Hill-Weaverville Bus Line shall from and after Feb- 
ruary 8, 1943, discontinue operating across the French Broad River at 
Gorman's Bridge, said operating rights having been abandoned for more 
than 30 days without the written consent of the Commission and the same 
are hereby cancelled by direction of the statute, and it shall further dis- 
continue operating between Gorman's Bridge and Craggy Hill, rights there- 
for not having been granted by the Commission. 

(4) That each party hereto shall pay such costs as it may have incurred 
in this proceeding. 

This the 21st day of January, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2748. 

ASHEVILLE-ELK MOUNTAIN BUS LINES, Complainant, vs. M. V. 
HOLCOMBE AND VAUGHN HOLCOMBE t/a, MARS HILL-WEAV- 
ERVILLE BUS LINE, Respondents. 

Order for Rehearing 

The respondents in the above entitled cause having within the time fixed 
by the rules of the Commission filed with the Commission a motion to re- 
open said cause for the purpose of taking additional testimony with re- 
spect to: 

1. Sub-section 4 of the order made by the Commission on the 21st day 
of January, 1943; 

2. Whether the petitioner abandoned its franchise from Martel Mills to 
Gorman's Bridge and beyond by failing to operate buses over that part of 
said route between the date of its franchise and December 18, 1942. 

Upon consideraton said motion is allowed, and the cause reopened for 
further hearing at 10:00 A. M., Tuesday, March 16, 1943, at the Commis- 
sion's Hearing Room in the City of Raleigh, at which said hearing the 
record herein will be considered and such additional testimony as the com- 



Decisions and Adjustments of Complaints 169 

plainant or the respondents may desire to offer, said hearing- and addi- 
tional testimony being limited to the specific matters set out in said mo- 
tion. 



This the 1st day of March, 1943. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2748. 

ASHEVILLE-ELK MOUNTAIN BUS LINE, Complainant, vs. M. V. 
HOLCOMBE AND VAUGHN HOLCOMBE t/a, MARS HILL-WEAV- 
ERVILLE BUS LINE, Respondents. 

Order 

This cause came before the full Commission on March 16, 1943, upon 
motion of respondents to repone the cause for the purpose of offering addi- 
tional testimony, (1) to establish the right of respondents to operate from 
the east entrance of Gorman's Bridge to a point on the west side of the 
French Broad River designated as "the top of the hill," a distance of ap- 
proximately seven-tenths of a mile, (2) to establish an abandonment on 
the part of the complainant of its right to operate from Martel Mills to 
Gorman's Bridge. Pending the hearing and decision of said motion, the 
Commission deferred the effective date of the order herein, dated January 
21, 1943. 

The Commission has carefully considered the additional testimony of- 
fered by the respective parties, and has also reconsidered the entire record 
in this cause in another effort to set at rest the long continued controversy 
between the parties. The Commission's records fail to show that respond- 
ents have ever been granted operating rights from the west entrance of 
Gorman's Bridge to "the top of the hill," and it does not appear to be in 
the public interest to do so now. The respondents at one time held operat- 
ing rights across Gorman's Bridge to the west entrance thereof. Their 
practice of stopping for a long period of time at the east entrance of said 
bridge without preserving their rights in the manner provided by statute 
may amount to an abandonment, and we think it does, but we are of the 
opinion and find upon the facts now presented that fairness as well as 
service to the public requires the Commission to again grant respondents 
the right to operate across Gorman's Bridge. The Commission is also of 
the opinion and finds that the complainant has not abandoned its rights 
to operate from the Martel Mills to Gorman's Bridge. 

The remaining matters in controversy between the parties relate to fares 
and schedules. They cannot agree to charge the same fare between the 
same points. Neither can they agree upon the schedules to be operated by 
respondents on their Asheville-Weaverville route, a part of which said 
route is served by both carriers and a part thereof is serviced by the Queen 
City Coach Company. These are operating problems which carriers usually 
agree upon and submit to the Commission for approval, but the parties 
hereto are not inclined to settle matters by mutual agreement. 



170 N. C. Utilities Commission 

It Is, Therefore, Ordered: 

1. That respondents be and they are hereby granted authority to operate 
over Highway No. 63 from its intersection with Highway No. 630 to the 
west entrance of Gorman's Bridge, and that the motion of said respond- 
ents, dated February 15, 1943, and filed February 18, 1943, be in all other 
respects denied. 

2. That the schedules filed by both complainant and respondents pursuant 
to the Commission's order dated January 21, 1943, for operations between 
Asheville and Gorman's Bridge be and the same are hereby approved. 

3. That the respondents cancel their schedules now in effect between Ashe- 
ville and Weaverville and submit within five days from the date hereof 
for the approval of the Commission new schedules in lieu thereof so 
timed that no schedule will be operated over said route between Asheville 
and Weaverville in either direction within less than fifteen minutes in 
advance of any approved schedule operated in the same direction by either 
Queen City Coach Company or the complainant. 

4. That the fare between all points within the city limits of Asheville 
shall be seven cents, between all points within the city limits of Asheville 
and Woodfin School ten cents, and between all points within the city limits 
of Asheville and points between Woodfin School and the west entrance of 
Gorman's Bridge fifteen cents. The minimum fare between all points other 
than within the city limits shall be ten cents. 

5. That the Commission's order dated January 21, 1943, as herein modi- 
fied, shall become effective and operations thereunder commenced on Mon- 
day, the 3rd day of May, 1943. 

This the 22nd day of April, 1943. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2748. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE FROM UNION STA- 
TION IN GREENSBORO VIA U. S. 421 TO JUNCTION WITH N. C. 
22; THENCE VIA N. C. 22 TO JUNCTION WITH N. C. 27; THENCE 
VIA N. C. 27 TO JUNCTION WITH U. S. 15-501 AT CARTHAGE; 
THENCE VIA 15-501 THROUGH PINEHURST AND ABERDEEN 
TO LAURINBURG; RETURN SAME ROUTE. 

Order Dismissing Application 

Honorable I. M. Bailey, attorney for the Atlantic Greyhound Corp., ap- 
peared before the Commission on October 8, 1943, at the call of the appli- 
cation of Queen City Coach Company in Docket No. 1599, and moved that 
the above caption case be called and dismissed, assigning satisfactory rea- 
sons therefor. 

It Is Therefore, Ordered, that the above caption case, Docket No. 1587, 
be, and the same is hereby dismissed. 

This the 12th day of October, 1943. 

NORTH CAROLINA UTILITIES COMMISSION. 

Docket No. 1587. By: Fred C. Hunter, Commissioner. 



Decisions and Adjustments of Complaints 171 

DOCKET NO. 1587, APPLICATION OF ATLANTIC GREYHOUND 
CORPORATION FOR FRANCHISE CERTIFICATE TO OPERATE 
FROM UNION STATION IN GREENSBORO VIA U. S. 421 TO JUNC- 
TION WITH N. C. 22; THENCE VIA N. C. 22 TO JUNCTION 
WITH N. C. 27; THENCE VIA N. C. 27 TO JUNCTION WITH 
U. S. 15-501 AT CARTHAGE; THENCE VIA 15-501 THROUGH 
PINEHURST AND ABERDEEN TO LAURINBURG; RETURN SAME 
ROUTE. 

DOCKET NO. 1599, APPLICATION OF QUEEN CITY COACH COM- 
PANY TO OPERATE BETWEEN GREENSBORO AND LAURIN- 
BURG AS FOLLOWS: (1) FROM GREENSBORO TO JUNCTION 
N. C. 22 AND N. C. 27 VIA N. C. 22; (2) FROM JUNCTION N. C. 22 
AND N. C. 27 TO CARTHAGE VIA N. C. 27; (3) FROM CARTHAGE 
TO LAURINBURG VIA U. S. 15 AND 501. AMENDED TO INCLUDE, 
FROM SEAGROVE TO CARTHAGE OVER N. C. HIGHWAYS 705 
AND 27 VIA WHYNOT AND HEMP. 

Order 
Appearances : 

For the Applicant : 

R. G. Cherry, Gastonia, North Carolina; Linwood Smith, Asheboro, 
North Carolina. 
For the Protestants: 

I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corporation; Joe 
Ross, Jr., Asheboro, N. C, for R. & R. Transit Company. 

These cases, Dockets 1587 and 1599, were called for hearing and were 
heard on October 8, 1943, before the full Commission in its Hearing Room 
in the City of Raleigh. 

Upon motion of the Atlantic Greyhound Corporation, the two dockets 
were consolidated, after which the Atlantic Greyhound Corporation, through 
its attorney, Mr. I. N. Bailey, asked leave to withdraw the application of 
the Atlantic Greyhound Corporation, Docket 1587, and at the same time 
stated that the Atlantic Greyhound Corporation withdrew its opposition 
to Docket 1599. The Atlantic Greyhound Corporation was allowed to with- 
draw its application, Docket 1587, without prejudice to an agreement or 
lease approved by this Commission between the Atlantic Greyhound Cor- 
poration and the R. & R. Transit Company of the franchise rights of the 
Atlantic Greyhound Corporation between Ramseur and Franklinville. The 
Commission then proceeded to hear Docket 1599. 

Winborne, Chairman: 

The franchise applied for is in the midst of the territory served by the 
Greensboro-Fayetteville Bus Line and the Queen City Coach Co., which 
are affiliated companies, and it is contended that the additional service 
sought by the applicant would be of great convenience to the traveling 
public; would obviate much circuitous traveling between towns in that ter- 
ritory and would be especially beneficial to the paratroop camp at Mackall, 
which is located between Highways 15 and 501. Many witnesses from the 
various towns on the proposed route testified as to the necessity and con- 
venience of the operation, and Captain Roderiquez, Provost Marshal at 



172 N. C. Utilities Commission 

Camp Mackall, testified with considerable clarity and force as to the ur- 
gent need for the service at the camp. 

The only objection interposed to the granting of the franchise was by 
the R. & R. Transit Co., which operates between Franklinville and Ramseur 
under a lease from the Atlantic Greyhound Corporation heretofore men- 
tioned. The objection of this company was that it was engaged in an in- 
terurban business between said towns and that if any appreciable amount 
of business was diverted from its line the continuation of its service would 
be jeopardized. In reply to this objection the applicant contended that the 
fare of the R. & R. Transit Co. from Franklinville to Ramseur was only 
ten cents, while the applicant proposed a minimum charge of twenty-five 
cents, and that a difference in fares in favor of the R. & R. Transit Co. 
would preclude business being diverted from it to the applicant's line. 

Upon a consideration of all of the testimony the Commission finds as a 
fact that convenience and necessity has been shown by the applicant. 

Wherefore, It Is Ordered, that a franchise certificate be issued to the 
Queen City Coach Co. authorizing it to engage in the transportation of 
passengers, light express and mail: 

1. From Greensboro over Highway 421 to junction with Highway 22; 
thence over Highway 22 to junction of Highway 22 and Highway 27; 
thence over Highway 27 to Carthage; thence over Highways 15 and 
501 to Laurinburg. 

2. From Seagrove over Highway 705 through Robbins to Highway 27; 
thence over Highway 27 to Carthage. 

This the 13th day of July, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
• Dockets Nos. 1587 and 1599. 

DOCKET NO. 1796— APPLICATION OF ATLANTIC GREYHOUND 
CORPORATION TO OPERATE BETWEEN MOCKSVILLE AND 
LEXINGTON OVER U. S. HIGHWAY 64. 

DOCKET NO. 2985— APPLICATION OF PARKWAY BUS COMPANY, 
INC., TO OPERATE BEGINNING AT NORTH WILKESBORO VIA 
N. C. HIGHWAY 115 TO JUNCTION 115 AND 901; THENCE OVER 
901 VIA UNION GROVE AND HARMONY TO JUNCTION N. C. 
901 AND 64; THENCE OVER 64 VIA MOCKSVILLE, FORK AND 
REED'S CROSS ROADS TO LEXINGTON. 

DOCKET NO. 2997— APPLICATION OF PIEDMONT COACH COM- 
PANY FOR AUTHORITY TO TRANSPORT PASSENGERS BE- 
TWEEN LEXINGTON AND MOCKSVILLE VIA U. S. HIGHWAY 64. 

Order 
Before the Full Commission. 
Appearances : 
For Applicants: 

I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corporation; 
George R. Uzzell, Salisbury, N. C, for Parkway Bus Co., Inc.; 



Decisions and Adjustments of Complaints 173 

Don A. Walser, Lexington, N. C, for Parkway Bus Co., Inc.; 
Walter H. Woodson, Sr., Salisbury, N. C, for Parkway Bus Co., 
Inc.; J. Allie Hayes, N. Wilkesboro, N. C, for Parkway Bus Co., 
Inc.; H. P. Taylor, Wadesboro, N. C, for Piedmont Coach Com- 
pany; J. Lee Wilson, Lexington, N. C, for Piedmont Coach 
Company. 

For Intervenor: 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

These cases came on for hearing and were heard by Commissioner 
Johnson on October 28 and 29, 1943, at the Robert E. Lee Hotel in Winston- 
Salem, and on November 1, 1943, in the Hearing Room of the Commission 
in the City of Raleigh, N. C. It was agreed that oral argument would be 
considered as hearing before the full Commission in the first instance from 
which appeals could be taken to the Superior Court. The full Commission 
heard the oral argument in the Hearing Room of the Commission in Ra- 
leigh on February 4, 1944, at 10:00 o'clock A. M. 

Without opposition Docket No. 1796, application of Atlantic Greyhound 
Corporation to operate between Mocksville and Lexington over U. S. 64; 
Docket No. 2985, application of Parkway Bus Company, Inc., to operate 
beginning at North Wilkesboro via N. C. 115 to junction 115 and 901; 
thence over 901 via Union Grove and Harmony to junction N. C. 901 and 
64; thence over 64 via Mocksville, Fork and Reed's Cross Roads to Lex- 
ington, N. C; Docket No. 2997, application of Piedmont Coach Company 
for authority to transport passengers between Lexington and Mocksville 
via U. S. 64, were consolidated and the three applications were heard at 
the same time. 

Without objection the Carolina Coach Company was admitted as an 
intervenor in the three applications. 

The Carolina Coach Company withdrew its protest to the granting of 
the application of the Parkway Bus Company, Inc., with the understand- 
ing that a stipulation be made in the record to the effect that insofar as 
the Parkway Bus Company, Inc., was concerned it intended only to operate 
service over the route for which it had applied and that it would not 
render service between Salisbury and Lexington over U. S. Highway 64 
and N. C. Highway 150. 

The applicant, Parkway Bus Company, Inc., offered abundance of testi- 
mony to show convenience and necessity over that portion of the route 
from Lexington to Mocksville which was applied for by all three applicants. 
After examination of the witnesses offered by Parkway Bus Company, 
Inc., to show convenience and necessity over that portion of the route 
lying between Lexington and Mocksville it was admitted by all applicants 
that convenience and necessity had been shown by the applicant, Park- 
way Bus Company, Inc., and that the testimony offered by Parkway Bus 
Company, Inc., would be admitted in all three dockets as evidence to show 
convenience and necessity. 

The applicant, Parkway Bus Company, Inc., produced ample evidence 
to show convenience and necessity on that portion of the route applied for 
lying between Mocksville and North Wilkesboro. 



174 N. C. Utilities Commission 

In support of its application Piedmont Coach Company offered sixteen 
public witnesses, a majority of whom live along N. C. Highway 150, north 
and south of Reed's Cross Roads, who testified to the necessity for public 
transportation along N. C. Highway 150 to Reed's Cross Roads and thence 
over U. S. 64 into Lexington. 

From all the evidence the Commission is of the opinion that the Parkway 
Bus Company, Inc., should be granted the franchise as applied for, and 
that the Piedmont Coach Company should be issued a franchise over that 
portion of the route applied for lying between Lexington and Reed's 
Cross Roads in order that the people living along N. C. Highway 150 north 
and south of Reed's Cross Roads will have ample service to and from 
Lexington, the county seat of Davidson County. 

It Is, Therefore, Ordered: 

1. That upon proper compliance with the rules and regulations of this 
Commission a franchise certificate be issued to the Parkway Bus Company, 
Inc., Docket No. 2985, for the operation of motor vehicle for the transpor- 
tation of passengers over the routes as set out in said application. 

2. That upon proper compliance with the rules and regulations of this 
Commission a franchise certificate be issued to the Piedmont Coach Com- 
pany, Docket No. 2997, for authority to transport passengers between Lex- 
ington and Reed's Cross Roads over U. S. Highway 64, a distance of ap- 
proximately five miles. 

3. That the application of the Atlantic Greyhound Corporation, Docket 
No. 1796, be, and the same is, hereby denied. 

This 9th day of February, 1944. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

R. 0. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Dockets No. 1796, 2985 and 2997. 

DOCKET NO. 1796— APPLICATION OF ATLANTIC GREYHOUND 
CORPORATION TO OPERATE BETWEEN MOCKSVILLE AND LEX- 
INGTON OVER U. S. HIGHWAY 64. 

DOCKET NO. 2985— APPLICATION OF PARKWAY BUS COMPANY, 
INC., TO OPERATE BEGINNING AT NORTH WILKESBORO VIA 
N. C. HIGHWAY 115 TO JUNCTION 115 AND 901; THENCE OVER 
901 VIA UNION GROVE AND HARMONY TO JUNCTION N. C. 901 
AND 64; THENCE OVER 64 VIA MOCKSVILLE, FORK AND 
REED'S CROSS ROADS TO LEXINGTON. 

DOCKET NO. 2997— APPLICATION OF PIEDMONT COACH COM- 
PANY FOR AUTHORITY TO TRANSPORT PASSENGERS BE- 
TWEEN LEXINGTON AND MOCKSVILLE VIA U. S. HIGHWAY 64. 

Order Overruling Exceptions 

This cause now coming before the Commission upon exceptions filed by 
the Atlantic Greyhound Corporation to the Commission's order in Docket 
2977 dated February 9, 1944, said exceptions being as follows: "(1) Pied- 
mont Coach Company did not make application and cause the same to be 
advertised as provided by law and as required thereby and the Commis- 









Decisions and Adjustments of Complaints 175 

sion was and is without authority to proceed in said docket. (2) That 
the franchise purported to be granted to Piedmont Coach Company herein 
is not in accordance with the application the Piedmont Coach Company 
attempted to file herein and is not granted in accordance with the re- 
quirements of statute. (3) That the attempt to grant the franchise in said 
Docket No. 2997 is contrary to law." 

Upon consideration of said exceptions and each of them and finding the 
same to be without merit in law of fact, said exceptions are hereby over- 
ruled. 

This the 23rd day of February, 1944. 

Stanley Winborne, Chairman 
Attest: Fred C. Hunter, Commissioner 

R. 0. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Dockets Nos. 1796, 2985 and 2997. 

DOCKET NO. 1796— APPLICATION OF ATLANTIC GREYHOUND 
CORPORATION TO OPERATE BETWEEN MOCKSVILLE AND 
LEXINGTON OVER U. S. HIGHWAY 64. 

DOCKET NO. 2985— APPLICATION OF PARKWAY BUS COMPANY, 
INC., TO OPERATE BEGINNING AT NORTH WILKESBORO VIA 
N. C. HIGHWAY 115 TO JUNCTION 115 AND 901; THENCE OVER 
901 VIA UNION GROVE AND HARMONY TO JUNCTION N. C. 
901 AND 64; THENCE OVER 64 VIA MOCKSVILLE, FORK AND 
REED'S CROSS ROADS TO LEXINGTON. 

DOCKET NO. 2997— APPLICATION OF PIEDMONT COACH COM- 
PANY FOR AUTHORITY TO TRANSPORT PASSENGERS BE- 
TWEEN LEXINGTON AND MOCKSVILLE VIA U. S. HIGHWAY 64. 

Order Overruling Exceptions 

This cause now coming before the Commission upon exceptions filed by 
the Carolina Coach Company to the Commission's order in Docket 2997, 
dated February 9, 1944, said exceptions being as follows: 

"1. That said order entered in this case was not mailed to Carolina 
Coach Company or the attorney of record of Carolina Coach Company, but 
that a copy of said order was delivered to Arch T. Allen, attorney for 
Carolina Coach Company, on February 19, 1943, and that these exceptions 
are filed within 10 days from said date. 

2. That there was not sufficient evidence in said cause to justify a find- 
ing by the Commission of public convenience and necessity to operate be- 
tween Lexington and Reed's Cross Roads. 

3. That there is not evidence offered in said cause to justify a finding of 
public convenience and necessity to operate between Lexington and Salis- 
bury via U. S. Highway 64 and N. C. Highway 150, and that Piedmont 
Coach Company should be restricted and prohibited from operating through 
service between Lexington and Salisbury. 

4. That Piedmont Coach Company did not make application and cause 
the same to be advertised as provided by law and as required thereby and 
the Commission was and is without authority to proceed in said docket. 



176 N. C. Utilities Commission 

5. That the franchise purported to be granted to Piedmont Coach Com- 
pany herein is not in accordance with the application the Piedmont Coach 
Company attempted to file herein and is not granted in accordance with 
the requirements of statute. 

6. That the attempt to grant the franchise in Docket No. 2997 is con- 
trary to law." 

Upon consideration of said exceptions and each of them and finding the 
same to be without merit in law or fact, said exceptions are hereby over- 
ruled. 

This the 29th day of February, 1944. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Dockets Nos. 1796, 2985 and 2997. 

APPLICATION OF THE ATLANTIC GREYHOUND CORPORATION 
FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR VE- 
HICLE CARRIER BETWEEN STOKESDALE, N. C, AND REIDS- 
VILLE, N. C, VIA U. S. HIGHWAY 158. 

Order 
Appearances : 

For the Applicant: 

Mr. I. M. Bailey, attorney at law, Raleigh, N. C. 
For the Protestant: 
None. 

After due notice by publication, as required by law, the above applica- 
tion for motor vehicle franchise rights to transport passengers between 
Stokesdale, North Carolina, and Reidsville, North Carolina, over U. S. 
Highway No. 158, came on for hearing on April 15, 1943. It appears from 
the testimony and from the records of the Commission that the applicant 
now operates between said points via Wentworth over State Highway No. 
65, and that the route proposed is an alternate route between Stokesdale 
and Reidsville. It further appears from the testimony that a demand and 
need exists for the proposed service supporting a finding of public con- 
venience and necessity therefor. The application was unopposed by other 
carriers, is not in competition with any existing operator, and in the 
opinion of the Commission will provide a service in the public interest. 

It Is, Therefore, Ordered: 

That the application of Atlantic Greyhound Corporation for motor vehicle 
franchise rights to transport passengers from Stokesdale, North Carolina, 
to Reidsville, North Carolina, over U. S. Highway No. 158, and return, 
be and the same is hereby granted, and that said applicant's franchise cer- 
tificate be amended accordingly. 

This 26th day of April, 1943. 

Stanley Winborne, Chairman 

By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2834. 



Decisions and Adjustments of Complaints 177 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
FRANCHISE CERTIFICATE TO OPERATE BETWEEN SHELBY AND 
GROVER OVER N. C. HIGHWAY 26. 

Order Permitting Withdrawal 

Whereas, the above application was filed with this Commission on 
August 11, 1943, and set for hearing in Charlotte on Monday, November 
8, 1943, at 10:00 A. M. o'clock, a letter has been received from Mr. I. M. 
Bailey, attorney for the applicant, advising that his client desires to with- 
draw said application; therefore, it is 

Ordered, that the motion to withdraw is granted and that the case is 
marked closed. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 

This the 29th day of October, 1943. 
Docket No. 2952. 



AGREEMENT BETWEEN ATLANTIC GREYHOUND CORPORATION 
AND JOHN LOY d/b/a, CITY BUS COMPANY. 

Order 

Whereas, this Commission approved a contract between John Loy d/b/a, 
City Bus Company, and the Atlantic Greyhound Corporation dated Sep- 
tember 21, 1943, which permitted John Loy to operate certain specified 
schedules over the franchise route of the Atlantic Greyhound Corpora- 
tion between Hendersonville and Brevard and between specified points 
between Hendersonville and Brevard, and on July 10, 1944, this Commis- 
sion by order approved another contract between the same parties which 
is in full and complete substitution of the contract dated September 21, 
1943; 

And It Is Ordered, that the contracting parties be permitted to with- 
draw the first contract dated September 21, 1943, and filed with this 
Commission November 22, 1943, and upon examination and hearing of the 
parties contracting therein, it is ordered that the withdrawal of the agree- 
ment dated September 21, 1943, is hereby granted and permitted. 

This the 4th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3023. 



178 N. C. Utilities Commission 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION FOR 
APPROVAL OF A LEASE CONTRACT WITH H. D. McLEAN, 
OWNER AND d/b/a, LENOIR MOTOR COACH COMPANY OF 
CALDWELL COUNTY, STATE OF NORTH CAROLINA. 

Order 

The Atlantic Greyhound Corporation and H. D. McLean, owner and 
d/b/a, Lenoir Motor Coach Company of Caldwell County, having entered 
into an agreement dated the 1st day of January, 1944, a copy of which 
has been filed with the Utilities Commission for approval, the same being 
identified by the Docket No. 3093, to which said agreement reference is 
hereby made, and upon consideration thereof, the Commission being of 
the opinion that the same is lawful and in the public interest, 

It Is Therefore, Ordered: 

1. That said agreement be and the same is hereby approved for the 
purposes therein expressed, subject to the right of the Commission to ex- 
ercise, in its discretion, all the powers or duties now or hereafter con- 
ferred upon it by law with respect to the subject matter thereof, notwith- 
standing said agreement. 

2. That this order be attached to and filed with the aforesaid copy of 
said agreement and a copy thereof mailed or delivered to each of the 
parties thereto. 

This 28th day of March, 1944. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 3093. 

APPLICATION OF ATLANTIC GREYHOUND CORPORATION AND 
PARKWAY BUS COMPANY FOR THE APPROVAL OF CERTAIN 
LEASES, EXTENSIONS AND ASSIGNMENTS. 

Order 

The above-entitled application having been filed with the Commission 
on July 29, 1944, and upon consideration thereof, the Commission finds: 

1. That the lease agreement entered into by the Atlantic Greyhound 
Corporation, as lessor, and E. O. Woodie, as lessee, dated May 7, 1941, 
with respect to operations over U. S. Highway No. 421 and State Highway 
No. 268 in the North Wilkesboro area, was duly approved by the Com- 
mission on November 7, 1941, and again approved after consideration of 
certain exceptions on July 9, 1941, as will appear by reference to Docket 
No. 2032-A; that with the consent of the Atlantic Greyhound Corporation 
and by proper assignment by E. O. Woodie, the Parkway Bus Company 
has succeeded to all the rights, duties, and privileges of the said E. O. 
Woodie under said lease agreement, subject to the Commission's approval 
of the present application. 

2. That the lease agreement entered into by Atlantic Greyhound Cor- 
poration, as lessor, and E. 0. Woodie, as lessee, dated January 3, 1942, 
with respect to operations between Ronda and Elkin over State Highway 



Decisions and Adjustments of Complaints 179 

No. 268, was duly approved by the Commission on April 2, 1942, as will 
appear by reference to Docket No. 2032-B ; that with the consent of the 
Atlantic Greyhound Corporation and by proper assignment by E. O. 
Woodie, the Parkway Bus Company has succeeded to all the rights, duties, 
and privileges of the said E. 0. Woodie under said lease agreement, sub- 
ject to the Commission's approval of the present application. 

3. That the lease agreement entered into by Atlantic Greyhound Cor- 
poration, as lessor, and M. C. Woodie d/b/a, Independent Coach Lines, as 
lessee, dated September 1, 1942, with respect to operations from Clingman 
and Dellaplane to North Wilkesboro and from Clingman and Dellaplane 
through Ronda to Elkin, was duly approved by the Commission on Oc- 
tober 3, 1942, as will appear by reference to Docket No. 2743; that the 
consent of the Atlantic Greyhound Corporation and by proper assignment 
by M. C. Woodie d/b/a, Independent Coach Lines, Parkway Bus Company 
has succeeded to all rights, duties, and privileges of the said M. C. 
Woodie under said lease agreement, subject to the Commission's approval 
of the present application. 

4. That it is the purpose of the present application to obtain from the 
Commission the approval of the assignment and transfer of all the rights 
and interests of the said E. O. Woodie and M. C. Woodie under the afore- 
said lease agreements to Parkway Bus Company, as lessee, subject to all 
conditions and reservations as set out in said lease agreements and the 
orders of the Commission approving the same; that all necessary docu- 
ments appear to have been executed by the contracting parties and copies 
thereof filed with the Commission and that said assignments and transfers 
to Parkway Bus Company will be in the public interest. 

It Is, Therefore, Ordered: 

1. That the proposed assignments and transfers to Parkway Bus Com- 
pany of all the right, title, and interest of E. 0. Woodie under the afore- 
said agreements with Atlantic Greyhound Corporation dated May 7, 1941, 
and January 3, 1942, be and the same are hereby approved, subject to the 
conditions and reservations contained in said agreements and the approval 
thereof by the Commission as will appear by reference to copies thereof 
on file with the Commission in Docket No. 2032-A and 2032-B. 

2. That the proposed assignment and transfer to Parkway Bus Com- 
pany of all right, title, and interest of M. C. Woodie under the aforesaid 
agreement with Atlantic Greyhound Corporation dated September 1, 1942, 
be and the same are hereby approved subject to the conditions and reser- 
vations contained in said agreement and the approval thereof by the Com- 
mission, as will appear by reference to copies thereof filed with the Com- 
mission in Docket No. 2743. 

3. That on and after the date hereof the Parkway Bus Company fully 
succeed, as lessee, to all the operating rights and privileges and assume 
all the duties and responsibilities under the aforesaid lease agreements 
with Atlantic Greyhound Corporation and that said E. O. Woodie and M. C. 
Woodie discontinue any and all operations, as lessees, under said agree- 
ments. 



180 N. C. Utilities Commission 

4. That reference to this order be noted on the franchise certificate of 
Parkway Bus Company. 

This the 7th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 3148. 

J. H. AXLEY d/b/a, AXLEY TRUCK LINES, MURPHY, N. C, AP- 
PLICATION FOR FRANCHISE CERTIFICATE TO OPERATE OVER 
STATE HIGHWAY NO. 288 FROM BRYSON CITY, N. C, VIA DOR- 
SEY, N. C, NOLAND, N. C, FONTANA, N. C, TO INTERSECTION 
WITH U. S. NO. 129 NEAR TENNESSEE STATE LINE; THENCE 
OVER U. S. NO. 129 TO INTERSECTION WITH U. S. NO. j9 AT 
TOPTON, N. C. 

Order 

This application was filed July 9, 1941, for operation over a line which 
already had a franchise outstanding on it, therefore same was not set for 
hearing pending negotiation by the applicant with Smith's Transfer, of 
Lenoir, N. C. 

Mr. C. H. Smith, part owner and operator of Smith's Transfer, of Le- 
noir, N. C, which operates between Asheville ar.d Murphy and between 
Murphy and points in Tennessee over the line which this application calls 
for, was in this office recently and advised that Mr. Axley died some time 
ago; therefore, it is 

Ordered, that the application be dismissed and closed. 

This the 13th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2328. 

APPLICATION OF ROBERT BALLARD OF ASHEVILLE, N. C, TO 
OPERATE AS MOTOR VEHICLE CARRIER OVER STARNES COVE 
AND DEAVER VIEW ROADS, MONTE VISTA ROAD TO POLE 
CREEK; POLE CREEK TO ROBINSON'S STORE; THENCE TO 
ASHEVILLE OVER N. C. HIGHWAYS 19 AND 23. 

Order 
Appearances : 

For the Applicant: 

J. W. Haynes, Asheville, N. C. 
For the Protestant: 
Thos. J. Harkins & Colvin White, Asheville, N. C, representing White 
Transportation Co. 






Decisions and Adjustments of Complaints 181 

Hunter, Commissioner. This application for motor vehicle franchise 
rights to transport passengers came on for hearing at the County Court- 
house at Asheville, North Carolina, on the 18th day of May, 1943. The 
applicant seeks operating rights over four unnumbered county roads in 
Buncombe County, all of which intersect U. S. Highway 19 (the Asheville- 
Canton Highway) , west of Asheville and within approximately five miles 
thereof, and all lead in a general northwesterly direction from said high- 
way. They appear to be located and described as follows: 

(1) Deaver View Road, intersecting U. S. Highway 19 at or near the 
city limits of Asheville and leading therefrom in a northwesterly direc- 
tion approximately two miles, (2) Starnes Cove Road, intersecting said 
U. S. Highway at a point about one mile west of the city limits of Ashe- 
ville and leads in a general northerly direction approximately three miles, 
(3) Monte Vista Road, intersecting said U. S. Highway at a point about 
two miles west of the city limits of Asheville and leads in a northwesterly 
direction approximately three miles to Robinson's Store, (4) Pole Creek 
Road, intersecting said U. S. Highway about five miles west of the city 
limits of Asheville and leads in a northerly direction approximately two 
miles to Robinson's Store, connecting with the Monte Vista Road. The ap- 
plicant also seeks operating rights from said intersections to Asheville 
over said U. S. Highway 19. 

The application was unopposed as to the four unnumbered county roads 
above described. The White Transportation Company, owner of intracity 
operating rights in the City of Asheville, entered an appearance through 
its attorney, Hon. Thomas J. Harkins, and protested the granting of 
operating rights to the applicant over streets in Asheville included in its city 
operating rights. Smoky Mountain Stages, Inc., holds operating rights 
over said U. S. Highway 19. It did not enter an appearance. 

The testimony offered in support of the application was not voluminous, 
but impressive and convincing, both as to the ability of the applicant to 
perform the proposed service and as to the public need therefor over the 
above described four unnumbered county roads. The need for additional 
local service over said U. S. Highway 19 is not well supported by the 
testimony, and there is no evidence of a need for additional intracity 
service within the corporate limits of Asheville. 

If service is to be rendered over the unnumbered roads described, it is 
necessary to operate over U. S. Highway 19 to and from Asheville. While 
it does not appear advisable under present conditions to deny the appli- 
cant the right to perform local service between Asheville and points along 
said U. S. Highway, the only apparent justification for granting the ap- 
plication is to provide service between Asheville and the areas traversed 
by said four unnumbered county roads. The rights of existing franchise 
carriers should be observed and necessary permissive rights over their 
routes should be exercised with proper consideration for priorities. 

It Is, Therefore, Ordered: 

1. That the application of Robert Ballard for motor vehicle franchise 
rights to transport passengers, (1) over the Deaver View Road, (2) over 
the Starnes Cove Road, (3) over the Monte Vista Road, and (4) over the 
Pole Creek Road, as said roads are hereinabove described, be and the same 
is hereby granted. 



182 N. C. Utilities Commission 

2. That the applicant shall have the right to transport passengers orig- 
inating in or destined to the areas traversed by the above named roads 
to and from Asheville over U. S. Highway No. 19, but shall not solicit 
potential passengers of the Smoky Mountain Stages, Inc., nor hold him- 
self out to transport passengers between Asheville and points along said 
U. S. Highway, and shall not engage in intracity service in the City of 
Asheville. 

3. That a proper franchise certificate be issued to the applicant upon 
compliance by said applicant with the rules and regulations of the Com- 
mission and upon filing with the Commission approved rates, schedules, 
insurance coverage and equipment specifications. 

This the 4th day of June, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2864. 

APPLICATION OF BAREFOOT TRANSFER CO. OF DUNN, TO 
TRANSPORT TOBACCO, UNMANUFACTURED TOBACCO AND 
TOBACCO MANUFACTURER'S ACCESSORIES TO ALL POINTS 
AND PLACES IN NORTH CAROLINA. 

Order Dismissing Application 

Pursuant to notice duly given, this cause was called for hearing in the 
Commission's Hearing Room in Raleigh, at 10:00 o'clock A. M., on October 
6, 1943, and the applicant having failed to appear or otherwise communi- 
cate with the Commission, the application herein is Ordered Dismissed. 
This the 6th day of October, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2634. 



DOCKET NO. 2727— APPLICATION OF W. L. AND P. P. DILLING- 
HAM d/b/a, BARNARDSVILLE BUS LINE, FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM ROCKVIEW WEST ON NORTH FORK ROAD 
FOUR MILES; THEN FOUR MILES EAST UP DILLINGHAM 
ROAD AND BACK FOUR MILES OVER SAME ROAD TO 
BARNARDSVILLE; VIA NORTH CAROLINA 695 FROM BAR- 
NARDSVILLE WEST TWO MILES ON SAME HIGHWAY, SOUTH- 
WEST TO HUGHEY'S STORE, TO INTERSECTION U. S. 23 AT 
STOCKSVILLE WHERE IT JOINS HIGHWAY TO ASHEVILLE. 



Decisions and Adjustments of Complaints 183 

DOCKET NO. 2772— APPLICATION OF T. L, AND 0. M. DILLING- 
HAM d/b/a, DILLINGHAM BROTHERS, FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM 41 BROADWAY, ASHEVILLE, MERRIMON 
AVENUE, NEW BRIDGE, WEAVERVILLE, STOCKSVILLE, DEM- 
OCRAT, BARNARDSVILLE AND DILLINGHAM (NOT TO ACCEPT 
OR DISCHARGE ANY PASSENGERS BETWEEN ASHEVILLE 
AND STOCKSVILLE). 

Order 

Before Commissioner Johnson. 

This cause arises upon the applications named above which were ad- 
vertised in accordance with law and set for hearing and heard on October 
27, 1942, at 10:00 o'clock A. M., in the Courthouse in Asheville, N. C. 

By agreement between counsel representing the applicants the cases were 
consolidated and heard accordingly. 

Appearances : 

For Applicant, Barnardsville Bus Line: 
Sam M. Cathey, attorney, Asheville, N. C. 
I. C. Crawford, attorney, Asheville, N. C. 
George W. Craig, attorney, Asheville, N. C. 
For Applicant, Dillingham Brothers: 

E. L. Loftin, attorney, Asheville, N. C. 
For Protestants: 

R. G. Cherry, attorney, Gastonia, N. C, for Queen City Coach Com- 
pany. 
Thomas L. Johnston, attorney, Asheville, N. C, for Mars Hill-Weaver- 
ville Bus Line and the Smoky Mountain Stages. 

Johnson, Commissioner. 

The applicant, Barnardsville Bus Line, seeks a franchise to operate 
with closed doors from Asheville over U. S. 19 and U. S. 23 to where N. C. 
695 intersects U. S. 19 and U. S. 23, a short distance from Stocksville; 
thence with open doors over N. C. 695 to Barnardsville and from Barnards- 
ville to Rockview Post Office ; thence back to Barnardsville over N. C. 695 ; 
thence from Barnardsville over an unnumbered highway to Dillingham 
and return to Asheville. 

The applicant, Dillingham Brothers, is seeking franchise rights to trans- 
port passengers by motor vehicle with closed doors from Asheville over 
U. S. 19 and U. S. 23 to where N. C. 695 intersects U. S. 19 near Stocks- 
ville; thence over N. C. 695 with open doors to Barnardsville; thence from 
Barnardsville to Dillingham over an unnumbered highway and return to 
Asheville over the same route. 

The protestant, Mars Hill-Weaverville Bus Line, through its attorney, 
Thomas L. Johnston, withdrew its protest upon the condition that the 
applicants be permitted to operate over U. S. 19 and U. S. 23 between 
Stocksville and Asheville with closed doors. 

The Queen City Coach Company, through its attorney, R. G. Cherry, 
withdrew its protest with the understanding that the applicants were 



184 N. C. Utilities Commission 

applying only to operate between Asheville and Stocksville over U. S. 19 
and U. S. 23 with closed doors, and with the further understanding that 
they were only to be permitted to operate with closed doors over this 
section of the route applied for. 

It appears from the evidence that the applicant, W. L. Dillingham, has 
operated bus or motor service over the route applied for since 1922. Sev- 
eral witnesses were offered by the applicant, Barnardsville Bus Line, 
tending to show that the service rendered by W. L. Dillingham since 1922 
had been adequate and that he had provided for additional service caused 
by the shortage of gasoline and the rationing of tires by purchasing ad- 
ditional equipment, and that the services now rendered by him are en- 
tirely satisfactory. From all the evidence offered this Commissioner is of 
the opinion that there is not enough business to justify two operations 
and that if a franchise were given to each of the applicants the public 
would suffer. The evidence clearly shows convenience and necessity and 
the Commission so finds. It is, therefore, 

Ordered, that the application in Docket No. 2727 of W. L. and P. P. 
Dillingham d/b/a, Barnardsville Bus Line, be and the same is hereby 
granted and the applicant is hereby authorized to begin such service im- 
mediately upon compliance with the rules and regulations set down by 
the Commission. 

It Is Further Ordered, that the application of Dillingham Brothers in 
Docket No. 2772, be and the same is hereby denied. 

This 18th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Dockets Nos. 2727 and 2772. 

APPLICATION, AS AMENDED, OF W. L. AND P. P. DILLINGHAM, 
DOING BUSINESS AS BARNARDSVILLE BUS LINE, FOR FRAN- 
CHISE CERTIFICATE AUTHORIZING OPERATIONS AS A MOTOR 
VEHICLE CARRIER OF PASSENGERS AND THEIR BAGGAGE 
BETWEEN ASHEVILLE, N. C, BARNARDSVILLE, N. C, AND 
DILLINGHAM, N. C, AND INTERMEDIATE POINTS, AS DEFINED 
AND LIMITED HEREIN. 

Order 

This matter was tentatively determined in our order of December 18, 
1942, which order was also the subject of an application by T. L. and 0. M. 
Dillingham, doing business as Dillingham Brothers, in Docket No. 2772, 
for authority to operate in substantially the same manner as that sought 
by the Barnardsville Bus Line. Exceptions to our tentative order of De- 
cember 18, 1942, were filed on behalf of T. L. and C. M. Dillingham, doing 
business as Dillingham Brothers, and the matter came on for oral argu- 
ment at our Hearing Room in Raleigh on February 2, 1943. Application 
of the latter, in Docket No. 2772, will be disposed of in a separate report 



Decisions and Adjustments of Complaints 185 

and order. The proposed permanent authority to W. L. and P. P. Dilling- 
ham, doing business as Barnardsville Bus Line, in the order of December 
18, 1942, Docket No. 2727, herein the subject of a supplemental and final 
report and order is affirmed except as the limitations hereinafter set out 
may result in some slight modifications of our former proposed report 
and order. 

Subject to the limitations and restrictions to follow, the operations to 
be conducted by W. L. and P. P. Dillingham, doing business as Barnards- 
ville Bus Line in accord with the time schedules and fares set forth in 
Appendixes "A" and "B" hereto are over U. S. Highway No. 23, between 
Asheville and the intersection of U. S. Highway No. 23 and N. C. 
Highway No. 695, near Stockville, thence between said intersection 
and Rockview over N. C. Highway No. 695. Also between Barnardsville 
and Dillingham over Dillingham Road. 

We find that the public convenience and necessity will require operation 
by applicant herein, W. L. and P. P. Dillingham, doing business as Bar- 
nardsville Bus Line, as a motor vehicle carrier to the extent of transport- 
ing passengers and their baggage originating at Dillingham, Rockview 
and Democrat and any point or place between said towns when destined 
to Asheville or when destined to any point intermediate to Asheville. Also 
to transport passengers northbound from Asheville and points between 
Asheville and Stockville including Stockville, when such passengers are 
destined to Democrat or points beyond Democrat in the direction of and 
including Rockview and Dillingham. Further the applicant is authorized 
to transport passengers locally between Stockville, Rockview and Dilling- 
ham and all points intermediate thereto. 

It Is Ordered, that the application of W. L. and P. P. Dillingham, doing 
business as Barnardsville Bus Line, to operate as a motor vehicle carrier 
of passengers and their baggage be, and the same is, hereby granted to 
the extent described in the foregoing report. 

This 6th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2727. 



186 N. C. Utilities Commission 



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188 N. C. Utilities Commission 

APPLICATION OF BEATTYS FORD BUS COMPANY FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER OF PASSENGERS FROM CORNELIUS TO DAVIDSON. 

Order 

Under date of June 20, 1942, the applicant herein was granted motor 
vehicle franchise rights from Charlotte to Cornelius over the Beattys Ford 
Road and State Highway No. 73, as will ippear by reference to Certificate 
No. 517. By the present application the applicant seeks the right to ex- 
tend its operation from the Town ot Cornelius to the Town of Davidson, 
and it having been made to appear to the Commission that the city limits 
of said two towns join, the Commission is of liie opinion that the said 
applicant now has the right to operate into the Town of Davidson under 
a proviso of the Motor Vehicle Carrier Act, Section 2, Chapter 136, Public 
Laws of 1927, which said proviso reads as follows: "Provided, that where 
the corporate limits of two or more cities join, they shaJl be treated as 
one for the purposes of administering this Act." It is, therefore, 

Ordered, that the applicant's certificate be amended to include the Town 
of Davidson, its northern terminus to be designated on said certificate as 
Cornelius-Davidson. 

This the 16th day of November, 1942. 

NORTH CAROLINA UTILITIES COMMISSION. 
By: Fred C. Hunter, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2774. 



DOCKET NO. 2880— APPLICATION OF BEECH-ASHEVILLE BUS 
LINE FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM BEECH, WEST ON REEMS CREEK 
ROAD TO WEAVERVILLE; THENCE SOUTH OVER STATE HIGH- 
WAY 19 TO ASHEVILLE. 

DOCKET NO. 2896— APPLICATION OF BUCKNER TRANSFER COM- 
PANY FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM 41 BROADWAY, ASHEVILLE, TO 
GRACE, NEW BRIDGE, WEAVERVILLE TO BEECH. 

Order 
Appearances : 

For the Applicants: 

S. H. Cathey, Asheville, N. C, for Beech-Asheville Bus Line. 
E. L. Loftin and George W. Craig, Asheville, N. C, for Buckner 
Transfer Company. 

For the Protestants: 

Irvin Monk, Asheville, N. C, for Mars Hill-Weaverville Bus Line. 
Thomas J. Harkins and Colvin White, Asheville, N. C, for White 
Transportation Company. 



Decisions and Adjustments of Complaints 189 

Hunter, Commissioner. These applications for motor vehicle franchise 
rights to transport passengers were filed with the Commission in the order 
indicated by their respective docket numbers, and came on for hearing at 
Asheville on the 18th day of May, 1943, and by mutual consent were con- 
solidated for hearing. 

The two applications have much in common. Both applicants seek oper- 
ating rights over the route, that is, between Asheville and Beech via Weav- 
erville, and both propose to serve only passengers originating in or des- 
tined to the section traversed by the Reems Creek Road, which is an un- 
numbered county road leading from Weaverville to Beech, a distance of 
approximately seven miles. Both applicants are presently engaged in 
motor vehicle transportation service; Mr. Buckner as a franchise freight 
carrier, and Mr. Edwards as a for-hire passenger carrier. Both appli- 
cants are well known in the community, and both are held in the highest 
esteem by the public. 

That there is a public demand and need for the proposed service is 
necessarily conceded by both applicants and clearly established by the 
testimony. It is likewise conceded by the parties, public convenience and 
necessity having been found, that the only matter for the Commission to 
determine is the proper choice between said applicants for the proposed 
service, a difficult matter to determine. 

According to the testimony, Mr. Buckner is abundantly able financially 
to perform the proposed service. His financial statement shows a net 
worth of $21,000. He has practically no debts. He has recently purchased 
a twenty-one passenger bus, and is ready to begin service. Mr. Edwards 
has very little property, if any, that could be reached by execution. He 
has two Packard automobiles which are available for immediate use, which 
will accommodate about twenty-one passengers. 

Mr. Edwards has been operating over the proposed route as a contract 
carrier for approximately two years. By the present application he seeks 
to change his status from that of a contract carrier to that of a franchise 
carrier. He is strongly supported in his application by a large number of 
people whom he now serves and whose testimony indicates that his services 
in the past have been generally satisfactory and that they prefer that he 
continue to serve them in the future. He has been most accommodating to 
his passengers and the people of the community and through his courtesies 
and by his service has developed a small but reasonably profitable trans- 
portation business in a section and over a route which up to this time has 
been without any other means of public transportation. 

Financial ability to perform the service is always a matter to be con- 
sidered in granting franchise rights, but it appears from the testimony 
that Mr. Edwards will be able to obtain liability and property damage 
insurance. He has equipment which appears to be reasonably adequate 
for an operation of the magnitude of the one proposed. He will not handle 
property or funds of the public in large amounts, and it is believed that 
with his present equipment adequately insured his honesty and integrity 
can be depended upon to properly safeguard the interests of the public. 
In making a choice between the applicants, both admittedly men of the 
highest character, the equities of the problem presented seem to favor the 
application of Mr. Edwards. 



190 N. C. Utilities Commission 

It Is, Therefore, Ordered: (1) That the application of F. O. Edwards, 
trading as Beech-Asheville Bus Line, Docket No. 2880, be and the same is 
hereby granted, the services to be performed hereunder to be limited to 
the transportation of passengers originating in or destined to the com- 
munity along the Reems Creek Road between Weaverville and Beech, with 
the right to transport such passengers to and from Asheville and inter- 
mediate points over U. S. Highway No. 19; that a proper franchise cer- 
tificate be issued to said applicant upon compliance with the rules and 
regulations of the Commission and upon filing with the Commission ap- 
proved rates, schedules, equipment specifications and insurance. 

(2) That this cause having been heard by only one member of the Com- 
mission, the rights herein granted shall not be exercised until after the 
expiration of the time allowed by law for filing exceptions thereto, and 
should exceptions be filed, then only upon further orders of the Commis- 
sion after hearing upon said exceptions. 

(3) That the application of R. Frank Buckner, trading as Buckner 
Transfer Company, Docket No. 2896, be and the same is hereby denied. 

This the 15th day of June, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Dockets Nos. 2880 and 2896. 



DOCKET NO. 2880— APPLICATION OF BEECH-ASHEVILLE BUS 
LINE FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM BEECH WEST ON REEMS CREEK 
ROAD TO WEAVERVILLE; THENCE SOUTH OVER STATE HIGH- 
WAY 19 AND 23 TO ASHEVILLE. 

DOCKET NO. 2896— APPLICATION OF BUCKNER TRANSFER 
COMPANY FOR FRANCHISE CERTIFICATE TO OPERATE AS 
MOTOR VEHICLE CARRIER FROM 41 BROADWAY, ASHEVILLE, 
TO GRACE, NEW BRIDGE, WEAVERVILLE TO BEECH. 

Order Overruling Exceptions 

This cause now comes before the full Commission upon exceptions filed 
by Buckner Transfer Company to the order made herein on the 15th day 
of June, 1943. 

Upon careful consideration of said exceptions and each of them the 
same are hereby overruled. 



This 3rd day of September, 1943. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket Nos. 2880 and 2896. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 191 

BLUE EAGLE BUS LINE. 

EXCHANGE OF CERTAIN FRANCHISE ROUTES BETWEEN 
WINSTON-SALEM AND WALKERTOWN. 

Order 

This cause arises upon the presentation of a petition between P. and 
J. L. Gilmer, partners doing business as Blue Eagle Bus Line, and the 
Atlantic Greyhound Corporation, through its attorney, I. M. Bailey, to 
exchange certain franchise rights between Winston-Salem and Walker- 
town to points in Forsyth County; and it is set forth in said petition that 
the Atlantic Greyhound Corporation holds a franchise certificate from 
the North Carolina Utilities Commission for the operation of buses over 
U. S. Highway No. 311 between Winston-Salem and Walkertown, N. C, 
and has operated over said route for many years. It is further stated in 
said petition that the Community Transit Lines, successor to the Blue 
Eagle Bus Line, a partnership as referred to above, holds a certificate for 
the operation of buses over the re-located U. S. Highway No. 311 between 
Winston-Salem and Walkertown, and is at present operating a service over 
said route which is slightly east of the old Highway 311 and is a more 
direct route than the old highway. It is thought by the agreeing parties 
that the new route being a more direct route and that the Atlantic Grey- 
hound Corporation being a long distance intercity operator can use the 
re-located route to a greater advantage than the local bus line herein re- 
ferred to as the Community Transit Lines, successor to the Blue Eagle 
Bus Line, and that the Community Transit Lines can better serve the 
people between Walkertown and Winston-Salem on the old highway. There- 
fore, from a full and thorough investigation by the Commission it appears 
that the approval of this petition is in the public interests and the Com- 
mission so finds. Therefore, it is 

Ordered, that the petition referred to above dated November 30, 1942, 
signed by P. Gilmer, Community Transit Lines, and J. L. Gilmer, Blue 
Eagle Bus Line, and Atlantic Greyhound Corporation, by I. M. Bailey, 
attorney, and filed with this office on December 4, 1942, and known as 
Docket No. 2909, be, and the same is hereby approved. 

It Is Further Ordered, that Paragraph One of Certificate No. 521 of the 
Blue Eagle Bus Line be, and the same is, hereby cancelled, and in lieu 
thereof the following substituted: "Starting south on Main Street at 
Fourth Street to Third Street; west on Third Street to Liberty Street, 
north on Liberty Street to Patterson Avenue, north on Patterson Avenue 
to Glenn Avenue, north on Glenn Avenue to city limits; thence from city 
limits to Ogburn Station on Route No. 311 (old road) west of Ogburn 
Station to Oak Summit and Walkertown." 

It Is Further Ordered, that Franchise Certificate No. 429 of the At- 
lantic Greyhound Corporation be amended as follows : Strike out that part 
which now refers to "old Highway 311/' and insert in lieu thereof, "new 
Highway 311 between Winston-Salem and Walkertown." 



192 N. C. Utilities Commission 

It Is Further Ordered, that when new numbers are given to these high- 
ways by the State Highway Commission that both certificates be amended 
accordingly. 

By Order of the Commission. 
This 1st day of January, 1943. 



Docket No. 2909. 



R. 0. Self, Chief Clerk. 



NORTH CAROLINA UTILITIES COMMISSION vs. L. H. BOTTOMS 
TRUCK LINES, INC., Respondent. 

Order 

On the 1st day of August, 1944, the North Carolina Utilities Commis- 
sion issued and mailed Motor Vehicle Circular No. 81 to all interstate 
and intrastate carriers of freight operating in North Carolina, a copy of 
which said circular is attached hereto, marked "Exhibit A," and made 
a part hereof. 

Thereafter, the Commission directed M. B. Glover, one of its inspectors, 
to investigate your intrastate operations and report his findings to the 
Commission, a copy of which said report is attached hereto, marked 
"Exhibit B," and made a part hereof, from which it appears that you are 
regularly engaged as a common carrier of intrastate freight over the pub- 
lic highways of the State without an intrastate franchise certificate, as 
required by law. 

You Are, Therefore, Directed to appear before the North Carolina 
Utilities Commission at its office in the City of Raleigh at 10:00 o'clock 
A. M. on Tuesday, the 10th day of October, 1944, and exhibit to the Com- 
mission your records of each and every intrastate shipment transported 
over the public highways of North Carolina during the month of August, 
1944, showing the pro number of each shipment, date, point of origin, 
point of destination, weight, and revenue, to the end that the Commission 
may be fully advised as to the character and extent of your intrastate 
transportation service and make such classifications and orders with re- 
spect thereto as appear to be proper under the law and the facts. 

This the 7th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3172. 



Decisions and Adjustments of Complaints 193 

DOCKET NO. 2417— APPLICATION OF TRANSPORT CORPORATION 
OF VIRGINIA FOR FRANCHISE TO TRANSPORT: PART I. (a) 
TOBACCO LEAF, UNMANUFACTURED TOBACCO SCRAPS OR 
STEMS, IN SHEETS, BASKETS, HOGSHEADS, TIERCES, BOXES 
OR BALES, AND COOPERAGE STOCK, TOBACCO BASKETS AND 
TOBACCO SHEETS, TO BE USED IN THE MANUFACTURING, 
PROCESSING, STORAGE, MARKETING AND TRANSPORTING 
TOBACCO OR TOBACCO PRODUCTS OVER IRREGULAR ROUTES, 
(b) OTHER ACCESSORIES, MATERIALS, SUPPLIES AND EQUIP- 
MENT USED OR USEFUL IN THE MANUFACTURING, PRO- 
CESSING, STORAGE, MARKETING AND TRANSPORTING TO- 
BACCO OR TOBACCO PRODUCTS IN THE STATE OF NORTH 
CAROLINA, WHICH THE APPLICANT WAS TRANSPORTING ON 
OR PRIOR TO JANUARY 1, 1942, OR A SUBSTITUTE FOR ANY 
OF SAID ARTICLES, OVER IRREGULAR ROUTES TO ANY PER- 
SON, FIRM OR CORPORATION ENGAGED IN THE BUSINESS 
OF MANUFACTURING, PROCESSING, STORING, MARKETING OR 
TRANSPORTING TOBACCO. (AS AMENDED.) 

DOCKET NO. 2420 — APPLICATION OF BARNWELL BROTHERS, 
INC. (APPLICATION WITHDRAWN AFTER HEARING.) 

DOCKET NO. 2514— APPLICATION OF BUFFALOE BROTHERS OF 
CARTHAGE TO OPERATE AS FOLLOWS: (1) CHARLOTTE OVER 
NO. 27 TO ALBEMARLE; TO WADEVILLE, TO TROY, TO BIS- 
COE, TO HEMP; THENCE TO CARTHAGE; THENCE OVER U. S. 
501 TO SANFORD; THENCE TO JONESBORO TO LILLINGTON 
OVER U. S. 421 TO ERWIN; THENCE OVER N. C. 55 ERWIN TO 
DUNN; TO NEWTON GROVE; TO MOUNT OLIVE; THENCE 
MOUNT OLIVE TO GOLDSBORO OVER U. S. 117; THENCE 
GOLDSBORO TO SNOW HILL OVER N. C. 102; THENCE SNOW 
HILL TO FARMVILLE OVER U. S. 258; THENCE FARMVILLE TO 
GREENVILLE TO GRIMESVILLE TO CHOCOWINITY OVER U. S. 
264; THENCE TO WASHINGTON OVER U. S. 17. (2) LILLING- 
TON OVER N. C. 210 TO ANGIER TO SMITHFIELD; THENCE 
OVER U. S. 70 TO PINE LEVEL TO PRINCETON TO GOLDS- 
BORO. 

CARTHAGE OVER U. S. 501 TO PINEHURST; THENCE OVER 
N. C. 211 TO ABERDEEN TO SANATORIUM TO RAEFORD; 
THENCE OVER U. S. 15-A TO FAYETTEVILLE; THENCE OVER 
N. C. 24 TO STEDMAN TO ROSEBORO TO CLINTON TO WAR- 
SAW TO KENANSVILLE TO BEULAVILLE TO RICHLANDS; 
THENCE OVER U. S. 258 TO JACKSONVILLE; THENCE OVER 
U. S. 17 TO KELLUM, TO MAYSVILLE TO POLLOCKSVILLE TO 
NEW BERN. 

KENANSVILLE OVER N. C. 11 TO PINK HILL TO DEEP RUN 
TO KINSTON; THENCE OVER U. S. 70 TO FORT BARNWELL TO 
JASPER TO NEW BERN TO RIVERDALE TO CHERRY POINT. 

PINEHURST TO SOUTHERN PINES OVER N. C. 2; THENCE 
SOUTHERN PINES TO ABERDEEN OVER U. S. 1. 



194 N. C. Utilities Commission 

DOCKET NO. 2388— APPLICATION OF ATLANTIC STATES MOTOR 
LINES, INC., TO OPERATE BETWEEN ALL POINTS IN THE 
FOLLOWING 65 COUNTIES IN NORTH CAROLINA: ALAMANCE, 
ALEXANDER, ANSON, BEAUFORT, BLADEN, BRUNSWICK, BUN- 
COMBE, BURKE, CABARRUS, CALDWELL, CASWELL, CATAW- 
BA, CHATHAM, CLEVELAND, COLUMBUS, CUMBERLAND, DA- 
VIDSON, DUPLIN, DURHAM, EDGECOMBE, FORSYTH, FRANK- 
LIN, GASTON, GATES, GRANVILLE, GREENE, GUILFORD, HAR- 
NETT, HENDERSON, HOKE, IREDELL, JONES, JOHNSTON, LEE, 
LENOIR, LINCOLN, McDOWELL, MARTIN, MECKLENBERG, 
MONTGOMERY, MOORE, NASH, NEW HANOVER, ONSLOW, 
ORANGE, PENDER, PITT, POLK, RANDOLPH, RICHMOND, ROBE- 
SON, ROCKINGHAM, ROWAN, RUTHERFORD, SAMPSON, SCOT- 
LAND, STANLY, STOKES, SURRY, UNION, VANCE, WAKE, WAR- 
REN, WAYNE, AND WILSON. 

Order 

Before Commissioners Johnson and Hunter. 

The applications herein, all for motor vehicle franchise rights to trans- 
port property, came on for hearing in the order named in the caption. 
The testimony for applicants began on February 16, 1942, and was con- 
cluded on August 18, 1942, about three days being required for the tes- 
timony of each applicant. Testimony for protestants began on November 
4, 1942, and was concluded on November 6, 1942. 

All of said applicants seek extensive franchise rights which cover, in 
part, the same area, and to which all protests are substantially the same. 
To avoid needless repetition of testimony on the part of protestants, it was 
agreed that such testimony as they desired to offer be deferred and offered 
after the close of all the testimony for all of said applicants, and consid- 
ered in opposition to each and all of said applications. 
Appearances : 

Docket No. 2417 — Application of Transport Corporation of Virginia: 
For the Applicant: Marshall Spears, and Victor Bryant, Durham, N. C. 
For the Protestants: I. M. Bailey, Raleigh, N. C, for Thurston 

Motor Lines. 
Ehringhaus & Ehringhaus, Raleigh, N. C, for Colonial Motor Freight 

Lines. 
Simms & Simms, Raleigh, N. C, for Norfolk Southern Ry. Co. & Bus 

Corp. 
Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Co. 
Ruark & Ruark, Raleigh, N. C, for Smith Transfer, Thurston Motor 
Lines, Fredrickson Motor Express, Helms Motor Express, Motor 
Transit, Blue Ridge Trucking Co., Stallings Transfer, Booze Truck 
Lines, P. & F. Motor Express. 
W. T. Weaks, Wilmington, N. C, for Atlantic Coast Line Railroad. 

Docket No. 2420 — Application of Barnwell Brothers, Inc.: 
(Having been withdrawn appearances not listed.) 



Decisions and Adjustments of Complaints 195 

Docket No. 2514 — Application of Buff aloe Brothers: 
For the Applicant: Willie Smith, Raleigh, N. C. 
For the Protestants: Arch T. Allen, Raleigh, N. C, for Great Southern 

Trucking Co. 
Ehringhaus & Ehringhaus, Raleigh, N. C, for Colonial Motor Freight 

Lines. 
Simms & Simms, Raleigh, N. C, for Norfolk Southern Ry. Co. 
W. C. Lassiter & W. L. Wyatt, Jr., Raleigh, N. C, for Helms Motor 

Express and Barbour Motor Express. 
D. J. Thurston, Jr., Wilson, N. C, for Thurston Motor Lines. 
I. M. Bailey, Raleigh, N. C, for Helms Motor Express, Barbour Motor 

Express and Thurston Motor Lines. 

Docket No. 2388 — Application of Atlantic States Motor Lines, Inc. 
For the Applicant: H. E. Manghum, Washington, D. C, and H. B. 

Koonce, High Point, N. C. 
For the Protestants: Arch T. Allen, Raleigh, N. C, for Great Southern 

Trucking Co. 
Simms & Simms, Raleigh, N. C, for the Norfolk Southern Railway Co. 
C. H. Noah, Burlington, N. C, for Barnwell Brothers, Inc. 
I. M. Bailey, Raleigh, N. C, for Helms Motor Express, Motor Transit, 

Miller Motor, Thurston Motor Lines, Smith Transfer, Fredrickson 

Motor Express, P. & F. Motor Express, Lowther Trucking Co., Stall- 

ings Transfer Service, Barbour Motor Express. 

Hunter, Commissioner . To the end that the facts found from the testi- 
mony with respect to one application may not be confused with those 
relating to others, each application will be considered separately. 

Docket No. 2417 — Transport Corporation of Virginia 

The applicant herein from time to time during the hearing withdrew 
portions of its original application, leaving for consideration the part 
thereof set out in the caption. All protestants withdrew their protests to 
said application, as modified, except Norfolk Southern Railway Company, 
Norfolk Southern Bus Corporation and and Buffaloe Brothers. 

Said applicant now holds interstate rights authorizing it to transport 
the commodities described in its present application to practically every 
point in North Carolina to or from which leaf tobacco moves, which in- 
cludes about forty tobacco markets, and seeks intrastate rights coextensive 
with its interstate rights. It also holds a temporary intrastate franchise 
certificate authorizing it to transport like commodities to and from eigh- 
teen towns in North Carolina at which tobacco markets are located. Prior 
to the time said temporary franchise certificate was issued the said ap- 
plicant transported the same kind of commodities and between the same 
points in North Carolina as a contract carrier. It changed from a con- 
tract carrier to a franchise carrier, as did other tobacco haulers, at the 
suggestion of the Utilities Commission that its operations were those of 
a "restricted common carrier by motor vehicle," as defined in the Motor 
Vehicle Carrier Act. 

The applicant now owns and operates twenty-nine flat trailers, sixteen 
van trailers and four straight trucks. During the tobacco season its equip- 



196 N. C. Utilities Commission 

ment is kept moving day and night because of the urgent demand and 
necessity for speedy movement of tobacco from the primary markets or 
warehouse floors to re-drying plants. It maintains offices the year-round 
in Winston-Salem, Durham and Wilson. 

The business heretofore rendered by the applicant as a contract carrier, 
now under temporary franchise rights, and as contemplated in its present 
application, is a specialty, requiring special equipment for that business, 
and for which there is a present demand and need supporting a finding 
of public convenience and necessity therefor as a restricted common carrier. 

Docket No. 2420 — Barnwell Brothers, Inc. 

Subsequent to the hearing in this case the applicant herein effected a 
merger with certain other carriers and thereupon petitioned the Commis- 
sion to be allowed to withdraw its application. 

Docket No. 2514 — Buffaloe Brothers 

It appears from the testimony that the applicants herein, W. D. Buffaloe 
and J. H. Buffaloe, trading as Buffaloe Brothers, reside at Carthage, North 
Carolina, and have engaged in the trucking business for the past eleven 
years. They do not hold any intrastate rights but do hold interstate rights 
for: (1) The transportation of machinery from Providence, Rhode Island, 
to points in North Carolina not disclosed by the testimony, (2) the trans- 
portation of property between Chicago, Illinois, and Laurinburg, Rocking- 
ham, Bladenboro and Lumberton, North Carolina, and, (3) the transporta- 
tion of tire fabric from Sanford, North Carolina, to Akron, Cleveland and 
Cincinnati, Ohio. 

The applicants propose to provide daily round-trip service between 
Charlotte and points as far east as Washington, New Bern and Cherry 
Point, and intermediate points. Said intermediate points between Char- 
lotte and Carthage include Albemarle, Troy and Biscoe; between Carthage 
and Washington include Sanford, Lillington, Erwin, Dunn, Newton Grove, 
Mt. Olive, Smithfield, Goldsboro, Snow Hill, Farmville and Greenville, and 
between Carthage and New Bern include Pinehurst, Southern Pines, Aber- 
deen, Raeford, Fayetteville, Clinton, Warsaw, Kinston and Jacksonville. 
For this service the applicants now have available five tractor-trailer units 
and five truck units and have arranged to obtain additional equipment 
if needed. 

It appears from the testimony that Sanford is the only point the appli- 
cants will be able to serve under both interstate and intrastate rights if 
the present application is granted. However, if the application is 
granted the applicants intimate that they will attempt to obtain in- 
terstate rights over the same routes. 

The application was strongly supported by one or more shippers or re- 
ceivers of goods from some ten towns along the proposed routes. The 
testimony of these witnesses was to the general effect that too much time 
is consumed in the transportation of goods from Charlotte to Eastern 
North Carolina. For example, Mr. S. M. Davis, engaged in the hardware 
and grocery business at Mt. Olive, testified that as a rule it requires about 
three days for goods to move from Charlotte to Mt. Olive. 



Decisions and Adjustments of Complaints 197 

Mr. Joe Pinkson, shipping clerk for the Highland Lumber Company of 
Fayetteville, dealers in building supplies and lumber, testified that it 
usually requires three days to get shipments out of Charlotte. 

Mr. W. H. Holleman of Jacksonville, Commissioner from Onslow County 
for the Eastern Regional Housing Authority and personally engaged in 
several lines of business, testified: 

"A. Well, so far as this map here is concerned, the principal thing — 
that is speaking personally now, of course, the Town of Jacksonville 
which I represent too on this particular trip up here, the Kiwanis Club 
and others — in our personal shipments the biggest problem we have is 
getting stuff out of Charlotte. We can't get the service there we do 
out of Richmond. In receiving oils and equipment, we are forced to 
trade with Richmond a lot of times due to the fact we do not have the 
freight facilities out of Charlotte." 

Mr. W. S. Creighton of Charlotte, Traffic Manager for the Charlotte 
Shippers and Manufacturers Association, an organization of some eighty 
shippers and manufacturers in Charlotte, testified that he had made a 
careful study of the .proposed service and supported the application for 
the reason: 

"It seemed to offer such an excellent service that we didn't hesitate 
to let Mr. Buffaloe know that we would be in favor of his proposed route 
and being in favor of it we would go to the extent of appearing in his 
behalf before the Commission at Raleigh at the time set for the hearing 
and testify in favor of it, because we thought it would give to the ship- 
pers on shipments made by our members from Charlotte into the points 
on his proposed route very much better service than we could otherwise 
expect to have simply because it would give service by one route into 
those points without transfer, and overnight, our experience prior to 
that time having indicated that to practically all the territory it re- 
quired a two-line haul with a transfer and consequently greater time 
than would be afforded by the route which Mr. Buffaloe proposed to 
operate. We further felt very much interested in it because it got into 
a territory in Eastern North Carolina into which we have always been 
at a disadvantage in the distribution of freight from Charlotte in com- 
parison with freight delivered by our competitors from Richmond and 
Norfolk. That has been true not only by railroad but by truck opera- 
tions on the highways." 

The protesting carriers offered no public witnesses to the contrary, but 
from cross-examination of witnesses for applicants and from the testi- 
mony of officials of said carriers it appears that they are now operating 
under unusual and abnormal conditions. For example, a much larger vol- 
ume of goods and materials moves east into the defense area of Eastern 
North Carolina than moves west out of said area, resulting in an un- 
balanced movement which makes operations difficult and expensive, the 
points of origin and destination of shipments are shifting due to changing 
military demands, population is shifting from non-defense areas to the 
defense areas, rationing and freezing orders relating to goods and com- 
modities for civilian use have curtailed the movement of the more profita- 
ble classes of freight, and all movements have been slowed by recent speed 
restrictions. It is contended that these are matters over which operators 
have no control, that the service is reasonably prompt and adequate under 
existing conditions, and more than ample to meet prospective needs after 
the war. 



198 N. C. Utilities Commission 

Upon consideration of all the testimony, we conclude that a need exists, 
and has existed, for greater dispatch in the transportation of goods by 
motor vehicle from Charlotte and the Piedmont section of the State to 
Eastern North Carolina, and the present application is not without merit 
and promise of some relief. Within the year the Commission has considered 
a number of applications to the same end and its decisions thereon are 
matters of record. It has considered the peculiar operating difficulties 
of the respective carriers, the area in which they operate, the points of 
interchange, the delay in interchange, the possible consequences of at- 
tempting to build a permanent transportation system to the tempo of war 
conditions, and the effect of wholesale duplication of franchise rights upon 
the development of an efficient and coordinated transportation system. 

The present application contemplates a complete duplication of approxi- 
mately 600 miles of existing franchise rights, which does not appear neces- 
sary or desirable except as a last resort. All the larger motor vehicle car- 
riers of the State and one rail carrier are parties to this proceeding and 
should take notice of the constantly recurring complaints about delays in 
the delivery of shipments from Piedmont to Eastern North Carolina. 
The preferable relief is through the cooperation of existing carriers. 

Docket No. 2388 — Atlantic States Motor Lines 

This is an application for motor vehicle franchise rights to transport 
general commodities between all points in North Carolina located in sixty- 
five counties named in the application. The proposed operations will ex- 
tend from Buncombe County on the west to New Hanover, Pender, Ons- 
low, Jones, Beaufort, Washington and Gates Counties on the east. The 
applicant now has interstate rights to transport general commodities to 
and from points in the counties covered by its present application and 
proposes to combine its interstate operations with its proposed intrastate 
operations, moving both classes of traffic at the same time and in the 
same trucks. It does not propose to operate on regular schedules between 
any points. 

The testimony shows that the applicant is a large interstate operator 
with its general offices at High Point, North Carolina. It owns and operates 
82 tractors, 59 semi-trailers and 19 straight trucks, and has approximately 
400 people on its pay roll. Its financial condition appears to be entirely 
satisfactory. 

In support of its application it offered certain of its employees as wit- 
nesses. Their testimony was to the effect that on some occasions requests 
had come to them for intrastate service in the transportation of general 
commodities. The extent of these requests and the points to which said 
service was desired is not clear from the testimony. The applicant also 
offered a number of exhibits showing the population of the counties in- 
volved in the application, the number of establishments therein, the cost 
of materials and supplies used, the value of the products made, the number 
of franchise trucks licensed by the State, the franchise routes of certain 
carriers, and some of the counties served by certain carriers. Upon this 
general testimony it rested its case. 



Decisions and Adjustments of Complaints 199 

At the close of all the testimony the protestants moved that the appli- 
cation be dismissed for that: (1) It does not comply with the law with 
respect to routes and schedules, and the type of operation disclosed by 
the testimony is not authorized by statute, (2) The applicant failed to 
make a showing of public convenience required by statute. We think both 
motions must be sustained, for the following reasons: 

The application is for unrestricted common carrier rights which cannot 
be exercised without a franchise certificate. Section 1(f) of the Motor 
Vehicle Carrier Act, Ch. 136, P. L. 1927, reads as follows: 

"The term 'certificate* means the franchise certificate, granting au- 
thority to a motor vehicle carrier to operate motor vehicle service over 
a specific route." 

Section 4 of the Act reads as follows: 

Franchise Certificate. "That upon granting a franchise under this 
Act, the Commission shall issue to such applicant a franchise certificate 
.... and shall contain the following matters: 

(b) The public highway or highways over which, and the fixed ter- 
mini between which the grantee is permitted to operate." 

Section 3 of the Act further directs that applications for certificates 
shall be made "to the Commission in the manner prescribed and on forms 
furnished by the Commission." Paragraph 7 of the forms furnished and 
used requires the following information: "The proposed route in detail, 
over roads and streets." The information furnished by the applicant was 
as follows: "Between all points in North Carolina located in the following 
counties," followed by the names of the sixty-five counties. 

The applicant offered a highway map as an exhibit with many of the 
highways in the counties involved marked, but explained that the marked 
highways embraced the territory of the proposed operation and did not 
attempt to show all the highways it might travel over. 

We cannot reconcile the type of service proposed with the provisions of 
the Motor Vehicle Carrier Act for unrestricted franchise rights. 

That the application was not supported by the testimony of a single 
shipper or receiver of goods, nor by a witness from any of the counties 
involved. The testimony of the applicant's employees, which was the only 
testimony offered, did not relate to the transportation needs in the indi- 
vidual counties involved. We cannot find public convenience and necessity 
for the proposed operation from the testimony offered. It is, therefore 

Ordered: 1. That the application of the Transport Corporation of Vir- 
ginia in Docket No. 2417 for restricted franchise rights to transport: 
(a) Tobacco leaf, unmanufactured tobacco scraps or stems, in sheets, 
baskets, hogsheads, tierces, boxes or bales, and cooperage stock, tobacco 
baskets and tobacco sheets, to be used in the manufacturing, processing, 
storage, marketing and transporting tobacco or tobacco products over ir- 
regular routes, (b) Other accessories, materials, supplies and equipment 
used or useful in the manufacturing, processing, storage, marketing and 
transporting tobacco or tobacco products in the State of North Carolina, 
which the applicant was transporting on or prior to January 1, 1942, or a 
substitute for any of said articles, over irregular routes to any person, 
firm or corporation engaged in the business of manufacturing, processing, 
storing, marketing or transporting tobacco, be and the same is hereby 



200 N. C. Utilities Commission 

granted. (Note: The movement in (a) is construed to be co-extensive 
with the movement in (b). Franchise certificate shall be issued upon com- 
pliance by the said applicant with the law and the rules of the Commission 
with respect to filing equipment specifications and insurance. 

2. That the application of Barnwell Brothers, Inc., in Docket No. 2420, 
having been withdrawn by mutual agreement, the same is accordingly 
dismissed. 

3. That the application of Buffaloe Brothers in Docket No. 2514 be and 
the same is hereby denied and dismissed. 

4. That the application of Atlantic States Motor Lines in Docket No. 
2388 be and the same is hereby denied and dismissed. 

This the 19th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Dockets Nos. 2388, 2417, 2420 and 2514. 

APPLICATION OF BUFFALOE BROTHERS OF CARTHAGE TO 
OPERATE AS FOLLOWS: (1) CHARLOTTE OVER N. C. 27 TO 
ALBEMARLE; TO WADEVILLE, TO TROY, TO BISCOE, TO HEMP; 
THENCE TO CARTHAGE; THENCE OVER U. S. 501 TO SANFORD; 
THENCE TO JONESBORO TO LILLINGTON OVER U. S. 421 TO 
ERWIN; THENCE OVER N. C. 55 ERWIN TO DUNN; TO NEW- 
TON GROVE; TO MOUNT OLIVE; THENCE MOUNT OLIVE TO 
GOLDSBORO OVER U. S. 117; THENCE GOLDSBORO TO SNOW 
HILL OVER N. C. 102; THENCE SNOW HILL TO FARMVILLE 
OVER U. S. 258; THENCE FARMVILLE TO GREENVILLE TO 
GRIMESVILLE TO CHOCOWINITY OVER U. S. 264; THENCE TO 
WASHINGTON OVER U. S. 17. (2) LILLINGTON OVER N. C. 210 
TO ANGIER TO SMITHFIELD; THENCE OVER U. S. 70 TO PINE 
LEVEL TO PRINCETON TO GOLDSBORO. 

CARTHAGE OVER U. S. 501 TO PINEHURST; THENCE OVER 
N. C. 211 TO ABERDEEN TO SANATORIUM TO RAEFORD; 
THENCE OVER U. S. 15-A TO FAYETTEVILLE ; THENCE OVER 
N. C. 24 TO STEDMAN TO ROSEBORO TO CLINTON TO WARSAW 
TO KENANSVILLE TO BEULAVILLE TO RICHLANDS; THENCE 
OVER U. S. 258 TO JACKSONVILLE; OVER U. S. 17 TO KELLUM, 
TO MAYSVILLE TO POLLOCKSVILLE TO NEW BERN. 

KENANSVILLE OVER N. C. 11 TO PINK HILL TO DEEP RUN 
TO KINSTON; THENCE OVER U. S. 70 TO FORT BARNWELL 
TO JASPER TO NEW BERN TO RIVERDALE TO CHERRY POINT. 
PINEHURST TO SOUTHERN PINES OVER N. C. 2; THENCE 
SOUTHERN PINES TO ABERDEEN OVER U. S. 1. 

Order Sustaining Exceptions 

This cause now comes before the Commission upon exceptions filed in 
apt time by W. D. Buffaloe and J. H. Buffaloe, trading as Buffaloe Broth- 



Decisions and Adjustments of Complaints 201 

ers, to the order made herein on December 18, 1942, which said exceptions 
after due notice to all parties of record came on for hearing on March 
11, 1943. 

The Commission has carefully reconsidered the testimony offered by 
the respective parties, the findings and order heretofore made, the ex- 
ceptions thereto and the argument of counsel for the respective parties 
upon the record, including said exceptions, and upon consideration of the 
same is of the opinion and finds: 

1. That the facts found by the hearing Commissioners and set out in 
their report, dated December 18, 1942, are supported by the testimony and 
by reference thereto are hereby adopted and made the finding of the full 
Commission. 

2. That upon reconsideration of all the testimony, the exceptions filed 
by the applicants and the argument of counsel with respect thereto, the 
Commission finds public convenience and necessity for the service pro- 
posed by said applicants, particularly during the existing national emer- 
gency and during the continued demand and need for a more expeditious 
transportation service between Piedmont and Eastern North Carolina. 

It Is, Therefore, Ordered: 

1. That paragraph 3 of the order made in this cause, dated December 
18, 1942, to wit: "That the application of Buffaloe Brothers in Docket 
No. 2514 be and the same is hereby denied and dismissed," be and the 
same is hereby vacated and stricken out. 

2. That the application of W. D. Buffaloe and J. H. Buffaloe, trading as 
Buffaloe Brothers, for motor vehicle franchise rights to transport general 
commodities over the routes and between the points described in the ap- 
plication and particularly set out in the caption, be and the same is hereby 
granted, and that a proper franchise certificate therefor be issued upon 
the following conditions: 

(a) That the rights herein granted shall cease and determine at the 
expiration of six months from the date of the declaration of peace be- 
tween the United States and the countries with which it is now at war, 
or at the expiration of three years from the date hereof whichever occurs 
first, without prejudice to the right of said applicants at said expiration 
date to have their certificate renewed after notice, hearing and a finding 
by the Commission of public convenience and necessity therefor. 

(b) That said applicants file with the Commission a certified copy of 
their partnership agreement together with satisfactory proof that the 
same has been registered in each county of the proposed operations, as 
provided by C. S. Section 2613 (1-H). 

(c) That the applicants before the commencement of operations file with 
the Commission their proposed schedules, rates, equipment specifications 
and insurance coverage acceptable to the Commission. 

This the 16th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2514. 



202 N. C. Utilities Commission 

APPLICATION OF J. H. BUFFALOE AND W. D. BUFFALOE t/a, 
BUFFALOE BROTHERS. 

Order Overruling Exceptions 

To the findings and order made herein, dated December 18, 1942, the 
applicants filed exceptions, as appear of record, which were heard before 
the full Commission upon the record and argument of counsel for appli- 
cants and protestants on March 11, 1943, said exceptions being sustained 
and an order entered accordingly, under date of April 16, 1943, to which 
order the protestants, Norfolk Southern Railway Company, Thurston Mo- 
tor Lines, Smith's Transfer Corporation, Fredrickson Motor Express, 
Helms Motor Express and P. & F. Motor Express (Miller Motor Express) 
in apt time filed exceptions, as appear of record. 

Through some oversight the exceptions filed by said protesting carriers 
to the Commission's order dated April 16, 1943, were not passed upon by 
the Commission, a franchise certificate being issued to the applicants ac- 
cording to said order notwithstanding the exceptions thereto. 

Upon consideration of said exceptions and argument of counsel for the 
respective parties at a hearing thereon before the Commission on March 9, 
1944, and the Commission being of the opinion that the same are not 
well founded in law or fact, all questions raised having been presented, 
considered and passed upon at the time the cause was before the Commis- 
sion on exceptions filed by applicants and heard on March 11, 1943; 

It Is, Therefore, Ordered, that exceptions, as appear of record, filed 
by Norfolk Southern Raliway Company, Thurston Motor Lines, Smith's 
Transfer Corporation, Fredrickson Motor Express, Helms Motor Express 
and P. & F. Motor Express (Miller Motor Express) to the Commission's 
order herein, dated April 16, 1943, be and the same are hereby overruled 
and dismissed without prejudice to the rights of said protestants, or any 
of them, to now appeal to the Superior Court. 

This 10th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2514. 

APPLICATION OF BUFFALOE BROTHERS REQUESTING THE 
COMMISSION TO ISSUE THE INTRASTATE FRANCHISE GRANT- 
ED IN DOCKET NO. 2514 TO W. D. BUFFALOE t/a, BUFFALOE 
EXPRESS LINES. 

Order 

Whereas, W. D. and J. H. Buffaloe, trading as Buffaloe Brothers, made 
application to the North Carolina Utilities Commission for certain fran- 
chise rights, which application is evidenced by the records in Docket No. 
2514, and more particularly set forth in the Commission's order dated 
April 16, 1943. 



Decisions and Adjustments of Complaints 203 

Buffaloe Brothers hold a franchise certificate from the Interstate Com- 
merce Commission for operating- rights in several states including a con- 
siderable portion of North Carolina and have made application to operate 
within the State of North Carolina over highways and between points in, 
North Carolina set forth in the said order of April 16, 1943, in Docket No. 
2514, which application was granted for the duration of the war and not 
to exceed six months thereafter; and it appears that since there is a limi- 
tation on said franchise, the applicants are somewhat reluctant to ask 
the Interstate Commerce Commission to combine said rights in its inter- 
state service. Therefore, W. D. Buffaloe and J. H. Buffaloe, trading as 
Buffaloe Brothers, have this day filed with this Commission a request for 
an intrastate franchise to W. D. Buffaloe, trading as Buffaloe Express 
Lines, the said W. D. Buffaloe having transferred to J. H. Buffaloe his 
rights, title and interest in the interstate franchise. 

After full consideration, the Commission is of the opinion that the 
change is and will be in the public interest. Therefore, it is 

Ordered, that Docket No. 2514 be amended by inserting W. D. Buffaloe, 
trading as Buffaloe Express Lines, in lieu of W. D. Buffaloe and J. H. 
Buffaloe, trading as Buffaloe Brothers; and it is 

Further Ordered, that the intrastate certificate in Docket No. 2514 
shall be issued to W. D. Buffaloe, trading as Buffaloe Express Lines. 

This the 27th day of May, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2514. 

APPLICATION BY LEON SEYMOUR d/b/a, BUFFALOE EXPRESS 
LINE FOR AUTHORITY TO PURCHASE FRANCHISE CERTIFI- 
CATE OF W. D. BUFFALOE d/b/a, BUFFALOE EXPRESS LINE, 
AND FOR AUTHORITY TO OPERATE OVER ROUTES AS COV- 
ERED BY FRANCHISE CERTIFICATE NO. 550. 

Order Approving Sale 

Whereas, W. D. Buffaloe, trading as Buffaloe Express Line, owner and 
holder of motor vehicle Franchise Certificate No. 550, issued by the Com- 
mission, has applied to the Commission for authority to sell and transfer 
all his right, title and interest under said certificate to 0. Leon Seymour, 
trading as Buffaloe Express Line, a formal application for such sale and 
transfer signed by both parties having been filed with the Commission, and 

Whereas, upon consideration of said sale and transfer and upon con- 
sideration of protests filed thereto by Norfolk Southern Railway Company 
and Norfolk Southern Bus Corporation, and Fredrickson Motor Express 
Corporation, Helms Motor Express, Miller Motor Express Corporation, 
Smith's Transfer Corporation and Thurston Motor Lines, the Commmis- 
sion is of the opinion and finds that said sale and transfer is not against 
the public interest, in that said seller is not in financial condition to prop- 



204 N. C. Utilities Commission 

erly and efficiently render the service demanded by the public over the 
lines involved, and in that the said purchaser is a business man of expe- 
rience, organization ability and ample resources to perform the required 
service in a satisfactory manner, 

It Is, Therefore, Ordered: 

1. That the proposed sale and transfer by W. D. Buffaloe, trading as 
Buffaloe Express Line, of all his right, title and interest in motor vehicle 
Franchise Certificate No. 550 to 0. Leon Seymour, trading as Buffaloe 
Express Line, be, and the same is hereby, authorized and approved, upon 
condition that the said seller and purchaser, jointly and severally, be and 
remain liable for payment of all lawful claims arising out of past opera- 
tions by the seller under said certificate for (a) all taxes due the State 
of North Carolina, other than income taxes, (b) all sums due shippers and 
other carriers for C.O.D. shipments handled, and (c) all sums due other 
carriers on interline accounts. 

2. That upon the written notice to the Commission by both parties hereto 
that said sale and transfer has been consummated, the seller's Franchise 
Certificate No. 550 be cancelled and in lieu thereof a franchise certificate 
covering same highways and granting the same rights be issued to the 
said purchaser upon compliance with the rules of the Commission with 
respect to filing equipment specifications and property damage and public 
liability insurance. 



This the 14th day of April, 1944. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 3080. 

SALE OF FRANCHISE CERTIFICATE NO. 550 BY W. D. BUFFA- 
LOE d/b/a, BUFFALOE EXPRESS LINE, TO O. LEON SEYMOUR 
d/b/a, BUFFALOE EXPRESS LINE. 

Order Overruling Exceptions 

To the Commission's order herein, dated the 14th day of April, 1944, 
authorizing and approving the sale and transfer by W. D. Buffaloe d/b/a, 
Buffaloe Express Line, of all his right, title and interest under Franchise 
Certificate No. 550 to O. Leon Seymour, who proposed to continue the 
operation under the trade name of Buffaloe Express Lines, Miller Motor 
Express Corporation, Fredrickson Motor Express Corporation, Smith's 
Transfer Corporation, Mrs. Mabel D. Burton d/b/a, Helms Motor Express, 
and J. D. Thurston, Jr., d/b/a, Thurston Motor Lines, filed exceptions 
as appear of record on the grounds that at the time said franchise cer- 
tificate was issued to W. D. Buffaloe in Docket No. 2514, certain exceptions 
were filed to the Commission's order therein and appeal taken to the Su- 
perior Court, which said appeal is still pending. 

The Commission is of the opinion that said exceptions are not well 
founded for the reason that the parties at whose instance said appeal was 
taken have their remedy in the Superior Court, and for the further reason 



Decisions and Adjustments of Complaints 205 

that the approval of the sale of the franchise is a matter within the dis- 
cretion of the Commission. 

It Is Therefore Ordered, that said exceptions be, and the same are, 
hereby overruled. 

This the 28th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3080. 

APPLICATION OF RAY HAYES t/a, BURKE TRANSIT COMPANY, 
MORGANTON, N. C, FOR FRANCHISE RIGHTS OVER CERTAIN 
ROADS OUT OF MORGANTON, NORTH CAROLINA. 

Order 

This cause arises upon the application named above which was heard 
March 28, 1939, in the office of the Commission in Raleigh, North Carolina, 
at which time it was announced at the hearing- by the Commissioner that 
the applicant had not shown the existence of public convenience and neces- 
sity, but that he would postpone the hearing indefinitely without prejudice, 
so that the applicant might at some later date renew his application and 
attempt again to prove that it did exist. 

It appears that the applicant, Ray Hayes, appeared in this case for 
the Burke Transit Company. Since the Burke Transit Company later made 
application and has received its certificate to operate, this cause is ordered 
dismissed. 

This the 17th day of July, 1943. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 

Docket No. 1542. 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE FROM KINSTON TO SANFORD 
OVER HIGHWAYS NO. 55 AND NO. 421. 

Order 
This matter came before the Commission and it was presented in the 
evidence that the same has been superseded by Docket No. 1746, and upon 
motion it is 

Ordered, that this case be dismissed and that order be made in Docket 
No. 1746 instead. 

This the 13th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 1722. 



206 N. C. Utilities Commission 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
FROM WILSON TO ROCKY MOUNT VIA N. C. NO. 58 AND N. C. 
NO. 95. 

Order 

This cause having been filed as Docket No. 1937 with this Commission, 
it was agreed between the applicant and other carriers, particularly the 
Seashore Transportation Co., that said application should be withdrawn; 
therefore, 

It is so Ordered by the Commission. 
This the 4th day of December, 1942. 



Docket No .1937. 



R. 0. Self, Chief Clerk. 



DOCKET NO. 2543— APPLICATION OF THE CAROLINA COACH COM- 
PANY FOR FRANCHISE CERTIFICATE TO OPERATE FROM 
HOLLY SPRINGS TO APEX OVER N. C. HIGHWAY 55, THEREBY 
CONNECTING ITS COMMUTER SERVICE FROM RALEIGH TO 
HOLLY SPRINGS WITH ITS SERVICE FROM SANFORD TO RA- 
LEIGH OVER U. S. HIGHWAY 1. 

DOCKET NO. 2479— APPLICATION OF QUEEN CITY COACH COM- 
PANY TO OPERATE AS MOTOR VEHICLE CARRIER FOR PAS- 
SENGER SERVICE BETWEEN DUNN AND DURHAM, N. C, VIA 
N. C. HIGHWAY 55 BY THE INTERVENING TOWNS OF ERWIN, 
COATS, ANGIER, VARINA AND APEX. 

DOCKET NO. 2726— APPLICATION OF LOUIS M. WADE TO OPER- 
ATE AS MOTOR VEHICLE CARRIER OF PASSENGERS FROM 
DUNN TO DURHAM VIA ERWIN, COATS, ANGIER, FUQUAY 
SPRINGS, VARINA, HOLLY SPRINGS, APEX, CARPENTER AND 
LOWES GROVE, VIA FOLLOWING ROUTES: DUNN TO ERWIN 
OVER N. C. HIGHWAY 55; ERWIN TO COATS, ANGIER, FUQUAY 
SPRINGS VARINA, HOLLY SPRINGS AND APEX VIA N. C. 
HIGHWAY 55; APEX TO CARPENTER AND LOWES GROVE TO 
DURHAM VIA COUNTY ROAD. 

DOCKET NO. 2616 — APPLICATION OF THE ATLANTIC GREY- 
HOUND CORPORATION FOR FRANCHISE CERTIFICATE TO 
OPERATE AS A MOTOR VEHICLE CARRIER OF PASSENGERS 
FROM THE JUNCTION OF U. S. HIGHWAY 15-A AND N. C. HIGH- 
WAY 217 TO ANGIER VIA N. C. HIGHWAY 217 AND 82 TO ER- 
WIN; THENCE U. S. HIGHWAY 421 AND N. C. HIGHWAY 55 TO 
ANGIER VIA COATS. 

Order 
Appearances : 

Arch T. Allen, Raleigh, N. C, Carolina Coach Company. 
D. L. Ward, New Bern, N. C, Carolina Coach Company. 
I. R. Williams, Dunn, N. C, Carolina Coach Company. 



Decisions and Adjustments of Complaints 207 

Wilbur Bunn, Raleigh, N. C., Louis M. Wade. 

Banks Arendell, Raleigh, N. C, Louis M. Wade. 

I. M. Bailey, Raleigh, N. C, Atlantic Greyhound Corporation. 

J. C. B. Ehringhaus, Raleigh, N. C, Atlantic Greyhound Corporation. 

Winborne, Chairman. 

The foregoing applications came before the Commission for hearing on 
September 22, 1942, and by consent were consolidated and heard together. 

At the opening of the hearing it was announced that the Queen City 
Coach Company and the Carolina Coach Company had reached an agree- 
ment whereby the Queen City Coach Company was to withdraw its appli- 
cation entirely and the Carolina Coach Company was to modify its appli- 
cation, and instead of asking for a franchise from Durham to Dunn only 
asked from Holly Springs to Apex. Whereupon entry was made showing- 
withdrawal of the application of the Queen City Coach Company, and the 
Carolina Coach Company was allowed to amend its application as above 
indicated. 

The original application of Louis M. Wade was from Fuquay Springs 
to Durham, but before the hearing an amended application was filed asking 
for franchise from Dunn to Durham, Fuquay Springs, Apex and other 
towns. That part of the application asking for franchise from Erwin to 
Linden was withdrawn. The captions, as set out, state the applications 
as amended. 

Docket No. 2543. In this application the Carolina Coach Company 
asked that it be granted a franchise to operate from Holly Springs to Apex 
so that it could provide commuter service in connection with its present 
commuter service from Raleigh to Holly Springs and on through to Apex; 
then to Raleigh over its present franchise route from Apex to Raleigh, 
thus providing a circuit for commuters during the period of emergency. 
Considerable testimony was offered in support of the contention of the 
Carolina Coach Company that this service was needed, but it appeared 
from the testimony that there was no town located between Holly Springs 
and Apex; that the territory there was thinly populated and that the 
real need for service was from Holly Springs into Raleigh and from Apex 
to Raleigh, both of which services are now provided by the Carolina 
Coach Company. 

Docket No. 2726. The applicant, Louis M. Wade, contended that there 
was great need for service from Fuquay Springs, Angier, Coats, and 
Erwin to Dunn, especially by people going to and from work; that he had 
for some time been operating for hire buses from Fuquay Springs to Dunn 
and from the very beginning of the operation his buses had been loaded. 
He further contended that since the discontinuance of the Durham South- 
ern passenger train into Durham and the rationing of automobile tires 
and gas that there was a great need on the part of shoppers and people 
employed in the various factories and business establishments in Durham 
for bus service from Fuquay Springs direct to Durham by Apex; that 
people were employed in Durham who live in Fuquay Springs, Apex, Car- 
penter and Lowes Grove and now have no public transportation facilities 
for getting to and from their work except by a very circuitous route that 
is too slow for all practical purposes. Much testimony was offered by citi- 



208 N. C. Utilities Commission 

zens all the way from Dunn to Durham supporting the contention of the 
applicant that there was great public need for this service during the 
period of war emergency. 

Docket No. 2616. The Atlantic Greyhound Corporation contended that 
it was now operating numerous schedules between Fayetteville and Raleigh 
over U. S. Highway 15-A; that the towns of Linden and Coats located on 
N. C. Highways 217 and 55, respectively, were without bus service; that 
there was a real need for this service for people desiring to go either to 
Raleigh and beyond or to Fayetteville and beyond and that it proposed to 
divert some of its numerous schedules between Raleigh and Fayetteville 
from U. S. Highway 15-A near Linden over N. C. Highway 217 to Erwin; 
then over N. C. Highway 55 back into U. S. Highway 15-A passing through 
Coats and Angier. It was contended by the Atlantic Greyhound Corpora- 
tion that these schedules could be diverted and accommodations given to 
the towns named without impairing the service to the people on U. S. 
Highway 15-A. 

Finding of Fact 

1. The Commission finds as a fact that public convenience and necessity 
has not been shown by the Carolina Coach Company to connect its service 
between Holly Springs and Apex, especially in view of the findings of the 
Commission in the application of Louis M. Wade, just hereinafter appear- 
ing. 

2. The Commission finds as a fact that public convenience and necessity 
has been shown by Louis M. Wade to operate as motor vehicle carrier of 
passengers all the way from Dunn to Durham over the highway set out 
in the application, as amended and as appears in the caption above, for 
the duration of the war and six months thereafter. The Commission does 
not believe that there will be any necessity for this operation following 
the termination of the war and normal adjustment of transportation. The 
Commission, therefore, gives to the applicant notice that it will not approve 
any assignment, lease or subletting of this franchise and that it has every 
intention of terminating same after the war and normal conditions have 
been returned. 

3. The Commission finds as a fact that public convenience and necessity 
has been shown by the Atlantic Greyhound Corporation to divert some of 
its schedules between Fayetteville and Raleigh from the junction of U. S. 
Highway 15-A and N. C. Highway 217 to Angier via N. C. Highways 217 
and 82 to Erwin; thence over U. S. Highway 421 and N. C. Highway 55 
to Angier via Coats to U. S. Highway 15-A. 

Wherefore, It Is Ordered: 

1. That the application of the Carolina Coach Company, Docket No. 
2543, be and the same is denied. 

2. That the application of Louis M. Wade as amended, Docket No. 2726, 
be and the same is hereby granted for the duration of the war and six 
months thereafter. 

3. That the application of the Atlantic Greyhound Corporation, Docket 
No. 2616, be and the same is hereby granted. 



Decisions and Adjustments of Complaints 209 

4. That franchise certificates be issued to Louis M. Wade and to the At- 
lantic Greyhound Corporation upon compliance with the rules, regulations 
and requirements of this Commission. 

This the 10th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Dockets Nos. 2479, 2543, 2616, 2726. 



OPERATION OF CAROLINA COACH COMPANY BETWEEN WIL- 
SON AND NORLINA. 

Order Authorizing Suspension of Service 

It appearing to the Commission that the Carolina Coach Company is now 
operating from Wilson to Norlina over State Highway 58 from Wilson 
to Warrenton, thence over U. S. 158 to Norlina, pursuant to the order made 
in the above-entitled case on December 18, 1942; and it further appearing 
to the Commission that the Office of Defense Transportation under date of 
July 2, 1943, denied the application of said Carolina Coach Company to 
provide service over said route, the Office of Defense Transportation hav- 
ing found that said service is unnecessary to the successful prosecution 
of the war effort and the maintenance of essential civilian economy, a 
copy of its letter to the Carolina Coach Company having been filed with 
the Commission, it is, therefore, 

Ordered: (1) That the Carolina Coach Company be, and it is hereby, 
authorized to suspend service over said route between Wilson and Norlina 
from and after Sunday, July 11, 1943, until such time as it may obtain 
from the Office of Defense Transportation the necessary authority for 
such operation. 

(2) That the action of the Carolina Coach Company in suspending service 
over said route in compliance with the direction of the Office of Defense 
Transportation shall not be construed as an abandonment of its franchise 
rights over said route, its right to resume service over said route upon 
notice to the Commission after the removal of the aforesaid Office of De- 
fense Transportation restriction being expressly reserved. 

This 9th day of July, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2639. 



210 N. C. Utilities Commission 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM WAKE FOREST TO JUNCTION OF N. C. 
98 AND N. C. 264 VIA N. C. 264; THENCE TO JUNCTION OF N. C. 
98 AND N. C. 59 VIA N. C. 98. 

Order 

Before Commissioners Hunter and Johnson. 
Appearances : 
For Applicant: 

Arch T. Allen, attorney, Raleigh, N. C. 
For Protestant: 

Ruark & Ruark, attorneys, Raleigh, N. C, for Colonial Bus Line. 

Johnson, Commissioner . 

It appears from the evidence that the Carolina Coach Company has 
been operating a shuttle bus from Durham to Wake Forest over N. C. 
264, and by permission of this Commission has been operating a through 
schedule from Durham via Wake Forest and Louisburg into Norfolk, Vir- 
ginia, since June 25, 1942. 

If this application were granted the Carolina Coach Company would 
operate a direct schedule from Durham over N. C. 264, N. C. 98 and N. C. 
59 to Louisburg, and thence over its franchise into Weldon, Suffolk, Vir- 
ginia, and Norfolk, Virginia. 

It further appears from the evidence that there has been a public demand 
for a through schedule from Durham into Norfolk, Virginia. From all 
of the evidence presented convenience and necessity has been shown. It 
is, therefore, 

Ordered, that this petition be granted and that certificate issued when 
the applicant has complied with the law by filing insurance with this office 
in accordance with the law and the Commission's rules and regulations. 

This 18th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2694. 

DOCKET NO. 2738— APPLICATION OF CAROLINA COACH COM- 
PANY FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM CARRBORO TO REIDSVILLE VIA 
N. C. 86 TO JUNCTION N. C. 86 AND U. S. 158, AND THENCE TO 
REIDSVILLE VIA U. S. 158. 

DOCKET NO. 2832— APPLICATION OF VIRGINIA STAGE LINES, 
INC., FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER FROM (1) YANCEYVILLE TO REIDSVILLE 
OVER U. S. 158. (2) INTERSECTION OF U. S. 158 WITH N. C. 86, 



Decisions and Adjustments of Complaints 211 

FOUR MILES EAST OF YANCEYVILLE, TO HILLSBORO, CARR- 
BORO; THENCE OVER N. C. 54 TO CHAPEL HILL, TO NELSON; 
AND THENCE OVER U. S. 70 TO PROPOSED NEW ROAD TO 
RALEIGH-DURHAM AIRPORT AND OVER SAID ROAD TO SAID 
AIRPORT; THENCE OVER PROPOSED NEW ROAD FROM SAID 
AIRPORT TO RALEIGH. PENDING THE COMPLETION OF SAID 
NEW ROAD APPLICANT REQUESTS PERMISSION AND CER- 
TIFICATE TO OPERATE FROM NELSON OVER U. S. 70 INTO 
RALEIGH. 

Order 

Appearances : 

For Carolina Coach Company, Applicant in Docket No. 2738: 
Arch T. Allen, Raleigh, N. C. 
William B. Umstead, Durham, N. C. 
Bonner D. Sawyer, Hillsboro, N. C. 
L. P. McLendon, Greensboro, N. C. 

For Virginia Stage Lines, Inc., Applicant in Docket No. 2832: 
Willis Smith, Raleigh, N. C. 
Bunn & Arendell, Raleigh, N. C. 
A. H. Graham, Hillsboro, N. C. 
R. P. Burns, Roxboro, N. C. 

Hunter, Commissioner. The applications of Carolina Coach Company 
and Virginia Stage Lines, Inc., for motor vehicle franchise rights to 
transport passengers over the routes and between the points described in 
their respective applications, as above set out, came on for hearing and 
were heard before the full Commission on April 13, 1943. 

At the call of said applications for hearing counsel for the respective 
parties advised the Commission that a compromise had been effected be- 
tween said applicants, subject to the approval of the Commission, the terms 
of which are, in substance, as follows: 

1. That Carolina Coach Company limit its application to that portion of 
State Highway No. 86 between Hillsboro and Carrboro. 

2. That Virginia Stage Lines, Inc., limit its application to: (a) State 
Highway No. 86 between Hillsboro and the intersection of said highway 
with U. S. Highway No. 158 four miles east of Yanceyville, (b) U. S. 
Highway No. 158 between Yanceyville and Reidsville. 

3. That each party withdraw its protest to the application of the other, 
as thus limited. 

4. That certain buses operated by Virginia Stage Lines, Inc., into 
Hillsboro and into Durham continue from Hillsboro to Durham and from 
Durham to Hillsboro over the franchise route of the Carolina Coach Com- 
pany between said points, and that certain buses operated by Virginia 
Stage Lines, Inc., into Durham continue on to Chapel Hill over the fran- 
chise route of Carolina Coach Company, said operations over the franchise 
routes of Carolina Coach Company to be under a lease agreement between 
said carriers. A duly executed copy of said lease agreement, dated the 



212 N. C. Utilities Commission 

9th day of April, 1943, has been filed with the Commission and by refer- 
ence thereto is made a part hereof. 

The Carolina Coach Company, applicant in Docket No. 2738, offered tes- 
timony tending to show that Carrboro has a population of 1,100 people 
and has a shell loading plant which employs approximately 1,300 workers; 
that Chapel Hill has a population of 3,500 in addition to students attend- 
ing the University and the Government training schools, and that there 
is a growing demand and need for transportation service from Chapel Hill 
and Carrboro to Hillsboro, the county seat, and a like demand and need 
for service in the reverse direction. The proposed route is only 13 miles 
long, or less than half of the distance between Carrboro and Hillsboro 
over any other route. Upon consideration of all the testimony, the Com- 
mission finds public convenience and necessity for the service proposed. 

The Virginia Stage Lines, Inc., applicant in Docket No. 2832, offered 
testimony by a number of witnesses living in Hillsboro, Yanceyville and 
Reidsville tending to show that the route proposed traverses a densely 
populated area that is now without any public transportation service. 
Yanceyville is the county seat of Caswell County, one of the best agri- 
cultural counties of the State, and a county whose progress has been 
greatly retarded by lack of adequate transportation facilities. The tes- 
timony offered well supports a finding of public convenience and necessity 
for the proposed service. 

The Commission further finds that the service proposed by said appli- 
cants, both over the new routes described and under said lease agreement 
over existing routes, will greatly coordinate the motor vehicle transporta- 
tion system of the State, will promote much desired harmony between car- 
riers, and will provide direct service without change from the Chapel Hill- 
Durham section of the State to points in Virginia. In the opinion of the 
Commission, the traveling public will be greatly convenienced and bene- 
fitted by the proposed operations under said lease agreement. It is, there- 
fore, 

Ordered: (1) That the application of Carolina Coach Company for 
franchise rights to transport passengers over State Highway No. 86 from 
Hillsboro to Carrboro, and return, be and the same is hereby granted, and 
that its franchise certificate be amended accordingly upon compliance 
with the rules and regulations of the Commission. 

(2) That the application of Virginia Stage Lines, Inc., for franchise 
rights to transport passengers over State Highway No. 86 from Hillsboro 
to the point of intersection of said highway wih U. S. Highway No. 158, 
and over said U. S. Highway 158 from Yanceyville to Reidsville, and re- 
turn over same routes, be and the same is hereby granted, and that its 
franchise certificate be amended accordingly upon compliance with the 
rules and regulations of the Commission. 

(3) That the lease agreement entered into between Virginia Stage Lines, 
Inc., as lessor, and Carolina Coach Company, as lessee, dated the 9th day 
of April, 1943, a copy of which has been filed with the Commission and 
made a part of the record in this cause, be and the same is hereby ap- 
proved for the purpose therein expressed and the operations therein pro- 
vided are hereby fully authorized, subject to the right of the Commission 



Decisions and Adjustments of Complaints 213 

at any time to cancel the same, or any of the terms thereof, for any cause 
which in the opinion of the Commission is detrimental to the public in- 
terest. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 23rd day of April, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Dockets Nos. 2738 and 2832. 



APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
FROM LILLINGTON TO SMITHFIELD VIA N. C. 210 TO JUNC- 
TION WITH U. S. 70 AND THENCE TO SMITHFIELD VIA U. S. 70. 

Order 

Hunter, Commissioner. 

This cause wherein the applicant seeks motor vehicle franchise rights 
to transport passengers over the routes and between the points described 
in the caption, came on for hearing in the Commission's Hearing Room 
in the City of Raleigh, N. C, on the 15th day of October, 1943, after due 
notice as required by law. 

There being no protest filed to said application and no opposition being 
made thereto at said hearing the testimony will not be set out herein, but 
the same amply supports a finding of public convenience and necessity 
for the proposed service as will appear by reference to the record, which 
will be preserved and made available to interested parties. 

It Is, Therefore, Ordered: 

1. That the application of Carolina Coach Company for authority to 
transport passengers from Lillington to Smithfield via N. C. 210 to junc- 
tion with U. S. 70 and thence to Smithfield via U. S. 70, then return, be, 
and same is hereby granted, and that said applicant's certificate be amended 
accordingly. 

2. That the order herein shall not become effective and operations there- 
under shall not commence until the applicant shall have complied with 
existing O.D.T. orders with respect to extensions of service. 

This the 19th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2739. 



214 N. C. Utilities Commission 

APPLICATION OF CAROLINA COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
FROM BURLINGTON TO THOMASVILLE VIA N. C. 62, ARCH- 
DALE TO HIGH POINT VIA U. S. 311, JUNCTION N. C. 62 AND 
N. C. 610 TO JUNCTION 610 AND U. S. 311 VIA N. C. 610. 

Order 
Appearances : 

For the Applicant: 

Arch T. Allen, attorney at law, Raleigh, N. C. 

Thomas D. Cooper, attorney at law, Burlington, N. C. 

William Umstead, attorney at law, Durham, N. C. 

Carl C. Wilson, attorney at law, Thomasville, N. C. 

Byron Hayworth, attorney at law, High Point, N. C. 
For the Protestant: 

T. J. Gold, Jr., attorney at law, High Point, N. C, representing City 
Transit Co. 

Hunter, Commissioner. The application, outlined above for motor ve- 
hicle franchise to transport passengers, came on for hearing before the 
full Commission on the 6th day of July, 1943. It was strongly supported 
by a large number of witnesses from all cities, towns and villages along 
the proposed route, whose testimony was to the effect that said route tra- 
versed a densely populated section, the greater portion of which is not 
served by any public carrier. There was also much testimony to the effect 
that the proposed service is greatly needed in the interest of the war 
effort in the transportation of employees to and from plants engaged in 
the manufacture of war materials. 

During the course of the hearing the applicant and the City Transit 
Company, protestant, entered into the following agreement: 

"It is stipulated between the applicant, Carolina Coach Company and 
the protestant, City Transit Company, that the tariffs of Carolina Coach 
Company will not be reduced from the tariffs shown on applicant's Exhibit 
No. 7, except upon notice in writing to City Transit Company and the 
approval of the Utilities Commission. 

"It is further stipulated the number of schedules shown in Exhibit No. 
2 will not be increased except upon approval of the Utilities Commission, 
after notice to City Transit Company; this stipulation to be incorporated 
into the order of the Commission. Upon this agreement City Transit 
Company withdraws its protest." 

The schedules shown on Exhibit No. 2 are hereto attached marked Ex- 
hibit "A" and made a part hereof. 

The fares shown on Exhibit No. 7 are hereto attached marked Exhibit 
"B" and made a part hereof. 

Upon consideration of all the testimony, the Commission finds public 
convenience and necessity for the service proposed by the applicant. The 
Commission is also of the opinion and finds that said agreement entered 
into between the applicant and the City Transit Company is not incon- 
sistent with the public interest, as the same now appears, and that said 



Decisions and Adjustments of Complaints 215 

agreement should be approved as to schedules and fares over that portion 
of said route served by the City Transit Company. 

It Is, Therefore, Ordered: 

1. That the application of the Carolina Coach Company for franchise 
rights to transport passengers, (a) from Burlington to Thomasville and 
return over State Highway No. 62, (b) from Archdale to High Point and 
return over U. S. Highway No. 311, and (c) from the junction of State 
Highways Nos. 62 and 610 to High Point and return over said State High- 
way No. 610 and U. S. Highway No. 311, be and the same is hereby 
granted, and that said applicant's certificate be amended accordingly. 

2. That the rights herein granted be exercised in compliance with the 
agreement entered into with the City Transit Company, as above set out 
and approved. 



This the 6th day of August, 1943. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2740. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



216 N. C. Utilities Commission 



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Decisions and Adjustments of Complaints 



217 



EXHIBIT "A" 



Docket No. 2740 
Exhibit No. 7 



CAROLINA COACH COMPANY 

Raleigh, N. C. 

Showing 

Proposed One Way Fares to Intermediate Points 

Between 

BURLINGTON-HIGH POINT-THOMASVILLE 









6 




a> 








03 

03 +3 










c 




Ph 




C 








+5 CO 










o 

be 

3 


y 
C 

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03 

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jj 




mith's S 
airfield 


<0 
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03 


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W 


£w 


1-5 


o 


OO 


S3 fe 


< 


<J 


H 


Alamance 


.25 
























Battle 


























Ground Gro. 


.25 


.25 






















Holt Sta. 


.30 


.25 


.25 




















Nat. Greene 


























School 


.35 


.25 


.25 


.25 


















Julian 


.40 


.30 


.25 


.25 


.25 
















Climax 


.45 


.35 


.30 


.25 


.25 


.25 














Center Fr. 


























Church 


.55 


.45 


.40 


.30 


.30 


.25 


.25 












Smith's Sta. 


.65 


.55 


.50 


.40 


.35 


.30 


.25 


.25 










Fairfield 


.70 


.60 


.55 


.45 


.40 


.35 


.30 


.25 


.25 ___ 








Archdale 


.75 


.70 


.60 


.55 


.50 


.40 


.35 


.25 


.25 .25 








Allen Jay 


.75 


.70 


.60 


.55 


.50 


.40 


.35 


.25 


.25 .25 


.25 






High Point 


.75 


.70 


.65 


.60 


.55 


.45 


.40 


.30 


.25 .25 


.25 


.25 


.25 


Trinity 


.80 


.75 


.70 


.65 


.60 


.50 


.45 


.35 


.30 .25 


.25 






Thomasville 


.85 


.80 


.75 


.70 


.65 


.55 


.50 


.40 


.35 .30 


.25 




.25 


10-Ride Commutation Fares 








] 


Burlington 


Alamance 


High Point 


Thomasville 


Alamance ..... 






1.1C 


i 
















Holt Station 






1.85 






1.10 












Nat. Greene 


School 


2.10 


I 




1.45 












Julian 








2.6E 
3.2C 


l 




1.95 
2.40 




3.10 

2.65 
1.10 




£25 




Climax 










Smith's 1 


Station ... 






Fairfield 


















1.10 




1.70 




Allen Jay .... 
















1.10 








Archdale 


















1.10 




1.10 




Trinity 


















1.10 




1.10 





218 N. C. Utilities Commission 

APPLICATION OF CAROLINA COACH COMPANY TO OPERATE 
FROM ALEXANDER'S STORE ON N. C. 27 VIA LAWYERS ROAD. 
A DISTANCE OF 1% MILES TO HICKORY GROVE. 

Order 

This cause arises upon application of Carolina Coach Company at the 
request of Mr. D. W. Frakes of C. Foley Company, Inc., for bus service 
to be extended from their present franchise, adjacent to Hickory Road 
bus route so as to include the Delta Air Base which has no other bus 
service at the present time, and the request further states that it would 
like to have a bus arrive at Delta Air Base at 7:50 A.M. and return at 
4:45 P. M., with the exception of Saturday's, the return trip to be 12:30 
P. M. It appears that the service requested is for employees of the Delta 
Air Base and the applicant has agreed to extend such service upon the ap- 
proval of this Commission. 

The applicant has franchises on all roads around and near this Air 
Base, and no other bus carrier furnished any service adjacent thereto. 
Therefore, the Commission is of the opinion that the granting of this appli- 
cation is in the public interest; therefore, it is 

Ordered, that said application be granted and that the Carolina Coach 
Company's Certificate No. 147 be amended upon presentation so as to 
include the application as made. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This May 20th, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2910. 



PURCHASE BY CAROLINA COACH COMPANY OF THE FRAN- 
CHISE CERTIFICATES AND PROPERTIES OF C. A. FESPERMAN, 
DOING BUSINESS AS FESPERMAN BUS COMPANY. 

Order 

This cause came on to be heard upon petition herein filed by C. A. Fes- 
perman, doing business as Fesperman Bus Company, and Carolina Coach 
Company and was heard at 10:00 A. M. o'clock on Friday, September 3, 
1943, in the office of the Commission in Raleigh, at which time no protest 
was filed to the granting of the same. 

The purchaser, Carolina Coach Company, is a North Carolina corpora- 
tion doing business as a common carrier of passengers by motor vehicle 
engaged in interstate and intrastate commerce within the State of North 
Carolina over franchise routes granted by the Interstate Commerce Com- 
mission and the North Carolina Utilities Commission, C. A. Fesperman, 



Decisions and Adjustments of Complaints 219 

doing business as Fesperman Bus Company, has been operating a bus 
service over franchise routes from the southern part of Rowan County 
and ' vicinity since December 18, 1942, and has built up an appreciable 
business which the purchaser believes will make a remunerative subsidiary 
operation as feeder to its main line between Greensboro and Charlotte. 

The Commission made a thorough investigation of the matters pertain- 
ing to the same and finds that it is in the public interest for said pur- 
chase to be completed by a subsidiary corporation owned and controlled 
by Carolina Coach Company and that operations of the franchise certifi- 
cates of C. A. Fesperman, doing business as Fesperman Bus Company, 
be continued in the name of such subsidiary corporation until the organi- 
zation of a new company. 

It was placed in evidence that there is an agreement dated August 18, 
1943, between the contracting parties which it is thought goes considerably 
further than the jurisdiction of this Commission by including purchase of 
certain contract service for commutation of workers to and from their 
homes and this agreement is hereby approved, to the extent of purchase 
and sale of the tangible properties and franchise certificates only, sub- 
ject to all the limitations and conditions set forth in the orders issued 
after hearing in such cases and in which such franchise certificates were 
authorized. 

Applicant further requested authority by petition filed in this cause 
to be permitted to organize a subsidiary corporation under the laws of 
the State of North Carolina to be known as Rowan-Cabarrus Bus Line, 
Incorporated, with a capitalization of not less than $15,000.00 in capital 
stock, which will be owned by Carolina Coach Company, its successors 
and assigns, with the exception of the nominal qualifying shares of the 
incorporators and directors, to which request the Commission hereby gives 
its approval and authorizes the Rowan-Cabarrus Bus Line, Incorporated, 
when organized, to acquire tangible property and franchise certificates of 
the said C. A. Fesperman, doing business as Fesperman Bus Company, 
according to the terms and conditions of the agreement of date August 18, 
1943, hereinbefore referred to, insofar as purchase and sale of franchise 
certificates and tangible property are concerned. Therefore, it is 

Ordered, that the applicant, Carolina Coach Company, through its sub- 
sidiary, Rowan-Cabarrus Bus Line, Incorporated, created as heretofore 
outlined, is hereby authorized to purchase, assume and operate the fran- 
chise certificates as follows: 

(1) Certificate No. 534, a common carrier by motor bus of passengers, 
mail, newspapers and light express from Rockwell, North Carolina, over 
State Highway No. 152 to Miller's Store via county highway through 
Faith and Mirror Lake to Salisbury, and return. 

Above certificate amended to include: 

(2) From Gold Hill over Ridge Road (county road) via Liberty Church 
to Salisbury, and return. (Limited to duration of war and not to exceed 
six months thereafter.) 

(3) Over Old Salisbury-Concord Road by Ebenezer Church to Bostian 
Cross Roads at State Highway No. 152; thence over 152 with closed doors 



220 N. C. Utilities Commission 

to China Grove, and return. (Subject to the Commission's order in Docket 
No. 2756.) 

This the 9th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2963. 

THE OPERATION OF BUSES OF CAROLINA COACH COMPANY 
OVER GRADE CROSSINGS AT THOMASVILLE, NORTH CARO- 
LINA. 

Order 

Whereas, as shown by schedules filed with the Commission, the Caro- 
lina Coach Company now operates 83 buses daily to or through the City 
of Thomasville, each of which crosses and re-crosses the main line tracks 
of the Southern Railway Company in Thomasville for the purpose of re- 
ceiving and discharging passengers at the bus station located on the east 
side of said tracks, and 

Whereas, the Southern Railway Company now operates approximately 
100 trains daily over said grade crossings, and by reason of changed con- 
ditions since the beginning of the war in the number of buses operated, 
the crowded condition of buses, the problem of maintaining standard ef- 
ficiency and equipment and the increase in the number of trains operating- 
over said grade crossings, said crossings are becoming increasingly dan- 
gerous to the traveling public. 

It Is, Therefore, Ordered: 

1. That the Carolina Coach Company appear before the Commission at 
its Hearing Room in the City of Raleigh at 11:00 o'clock A. M., on Tuesday, 
the 22nd day of February, 1944, and show cause, if any, why it should 
not immediately discontinue operating its buses over the tracks of the 
Southern Railway Company at Thomasville and provide suitable bus sta- 
tion facilities on the west side of said railroad tracks. 

2. That a copy of this order be mailed by registered mail to the City of 
Thomasville, to Mr. Ivey L. Pierce and Lula Pierce, lessors of the Thomas- 
ville Bus Station, and to Piedmont Coach Company, one of the lessees 
thereof, to the end that they may appear at said hearing, at the time and 
place above mentioned, be heard and protect their respective interests in 
the matter involved. 

This the 9th day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

Elsie G. Riddick, Ass't. Chief Clerk. 

Docket No. 3070. 



Decisions and Adjustments of Complaints 221 

BUS OPERATIONS OVER GRADE CROSSINGS AND APPROVAL OF 
SITE AND PLANS FOR A NEW BUS STATION IN THE CITY OF 
THOMASVILLE. 

Order 

This cause arises upon an order made on February 9, 1944, by the Com- 
mission upon its own motion, after investigation, directing the Carolina 
Coach Company to appear before the Commission and show cause, if any, 
why it should not discontinue operating its passenger buses across the 
tracks of the Southern Railway Company in the City of Thomasville, and 
why it should not provide bus station facilities on the west side of said 
tracks. Copies of said order were mailed to the City of Thomasville, Mr. 
Ivey L. Pierce and wife, Mrs. Lula Pierce, lessors of the present bus sta- 
tion, and the Piedmont Coach Company, one of the lessees of said station. 
Pursuant to said order and notice the cause came on for hearing before 
the Commission on February 26, 1944, all of the above named parties 
being represented at said hearing. Final order has been deferred from 
time to time because of unusual difficulties in locating and securing a 
suitable bus station site on the west side of said tracks. 

The facts which prompt the action of the Commission herein are as 
follows : 

The Carolina Coach Company is a common carrier of passengers by 
bus and operates approximately 80 buses daily to or through the City of 
Thomasville over U. S. Highway No. 29, which said highway runs through 
Thomasville on the west side of said railroad. The present bus station in 
Thomasville is located on the east side of said railroad and all buses of the 
Carolina Coach Company cross and re-cross the main line tracks of said rail- 
road for the purpose of receiving and discharging passengers at said bus 
station. This is the bus route from Charlotte to Greensboro, Raleigh and 
points in Virginia, traverses the most densely populated section of the 
State, and the buses operated over said route and across said tracks are 
invariably loaded to capacity. 

The Southern Railway Company operates approximately 100 trains over 
said crossing daily and at high speed. The view of the approaching trains 
is obstructive to the extent that bus drivers must depend upon such warn- 
ings as the automatic signals in use at said crossings give. Such signals, 
if in perfect order and observed by bus drivers, do not provide the protec- 
tion to which the traveling public is entitled. Buses have become disabled 
on said crossings and may do so at any time, and large buses such as the 
Carolina Coach Company operates on this route, when stalled or disabled 
on said tracks, cannot be unloaded from the time a fast moving train first 
sounds the automatic signals until it is upon the crossing. 

Conditions have greatly changed since the present bus station was ap- 
proved in 1940. By reason of changed conditions since the beginning of 
the war in the number of buses being operated over said crossings, the 
unforeseen increase in the number of people traveling by bus, the crowded 
conditions of buses, the problem of maintaining standard efficiency and 
equipment and the great increase in the number of trains operating over 
said grade crossings, said crossings are becoming increasingly dangerous 



222 N. C. Utilities Commission 

to the traveling public. The hazards have become so great that loss of 
life seems inevitable unless operations over said crossings are discontinued 
by the Carolina Coach Company. 

In obedience to the Commission's order in this matter Carolina Coach 
Company has, after persistent effort and long negotiations, secured a bus 
station site on the west side of said railroad tracks, and on the date hereof 
has submitted for approval plans for the erection of a suitable bus station 
thereon. The site chosen and the plans submitted appear to meet with 
all requirements for a well located and well appointed bus station in the 
City of Thomasville and, as the Commission is advised, meets with the 
approval of the municipal authorities of Thomasville. 

It is improbable, however, that said station can be completed and made 
ready for use within less than four months, and the Commission is of the 
opinion that the safety of the traveling public requires greater haste in 
removing the hazards of said grade crossings, and that a temporary bus 
stop should be provided on the west side of said railroad and operations 
over said crossings discontinued. 

It Is, Therefore, Ordered: 

1. That the Carolina Coach Company discontinue transporting passengers 
over the main line tracks of the Southern Railway Company in the City 
of Thomasville from and after the 20th day of August, 1944. 

2. That the proposed bus station site between Depot Street and Winston 
Street on the west side of the Southern Railway in the City of Thomas- 
ville and the plans submitted to and filed with the Commission by the Caro- 
lina Coach Company for the erection of a bus station on said site, be, and 
the same are hereby approved, and, when completed and ready for use, the 
same shall be used as a union bus station by all carriers operating to or 
through the City of Thomasville. 

3. That a duly authenticated copy of this order be immediately mailed 
by registered mail to the Carolina Coach Company, the Piedmont Coach 
Company, the City of Thomasville, and Ivey L. Pierce and wife, Lula 
Pierce. 

This the 7th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3070. 



PARTNERSHIP AGREEMENT BETWEEN McDUFF TURNER AND 
OTHERS, TRADING AS CAROLINA SCENIC COACH LINES. 

Order Approving Agreement 

It appears to the Commission upon correspondence in lieu of a formal 
application that McDuff Turner, a resident and citizen of Spartanburg, 
South Carolina, trading as Carolina Scenic Coach Lines, owns and operates 
a motor vehicle transportation service in North Carolina under Franchise 



Decisions and Adjustments of Complaints 223 

Certificate No. 68 and amendments thereto, issued by this Commission au- 
thorizing operations over the routes and between the points set out in said 
certificate to which reference is hereby made. 

It further appearing to the Commission that said McDuff Turner, owner 
of said Certificate No. 68 and all operating rights thereunder, has entered 
into a partnership agreement dated the 31st day of October, 1942, which 
has been duly executed, filed and recorded in the Public Registry of Spar- 
tanburg County, South Carolina, in book 240, page 544, copy of which 
has been filed with this Commission, which said copy and the papers and 
correspondence thereto attached is by reference thereto made a part hereof ; 
that said partnership agreement among other things provides for the sale 
and transfer by the said McDuff Turner of a two-thirds interest in said 
certificate and operating rights and retaining in said McDuff Turner a 
one-third interest therein, the names of the partners under said partner- 
ship agreement and the share or interest owned by each under said agree- 
ment being as follows: 

McDuff Turner One-third (1/3) 

Mary Hardin Turner One-ninth (1/9) 

Martha Beth Turner Jackson One-ninth (1/9) 

Nita Turner One-ninth (1/9) 

Hamish Turner One-ninth (1/9) 

Martha Beth Turner Jackson and 

Nita Turner, as Trustees for Leon Turner One-ninth (1/9) 

Martha Beth Turner and Nita Turner, 

as Trustees for Hardin Turner One-ninth (1/9) 

It further appearing to the Commission that the sale and transfer of 
said two-thirds interest and the creation of said partnership for the con- 
trol, management and operation of said transportation service as set out 
in said partnership agreement will not be detrimental to the public in- 
terest as it now appears to the Commission. 

It Is, Therefore, Ordered: 

1. That McDuff Turner, trading as Carolina Scenic Coach Lines, be, and 
is hereby authorized to sell and transfer a two-thirds interest in his Fran- 
chise Certificate No. 68 to the purchasers named in the aforesaid partner- 
ship agreement, that is to say a one-ninth interest to each of the following: 
Mary Hardin Turner, Martha Beth Turner Jackson, Nita Turner, Hamish 
Turner, Martha Beth Turner Jackson and Nita Turner, as Trustees for 
Leon Turner, and Martha Beth Turner Jackson and Nita Turner, as Trus- 
tees for Hardin Turner. 

2. That said partnership agreement dated the 31st day of October, 1942, 
a copy of which is filed with this Commission, be, and the same is hereby 
approved for the purposes therein expressed, subject to the right of the 
Commission to vacate and set aside the same or any part thereof upon a 
finding by the Commission that operations thereunder have become detri- 
mental to the public interest. 

3. That this order shall become effective upon satisfactory proof to the 
Commission that said partnership agreement has been registered in each 



224 N. C. Utilities Commission 

county in North Carolina into or through which said operations are per- 
formed, as provided by C. S. 2613 (1-h). 
This the 7th day of May, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2873. 



APPLICATION OF CAROLINA SCENIC COACH LINES TO OPERATE 
AS MOTOR VEHICLE CARRIER BETWEEN PATTERSON 
SPRINGS AND N. C.-S. C. STATE LINE BY GROVER OVER 

N. C. 26. 

Order Permitting Withdrawal 

Whereas, the above application was filed with the Commission on Oc- 
tober 4, 1943, and set for hearing at Charlotte, N. C, on Monday, No- 
vember 8, 1943, at 10 A. M. o'clock, and communication has been received 
from Mr. C. W. Tillett, attorney for the applicant, that in the event Docket 
No. 2952, Atlantic Greyhound Corporation, and Docket No. 2996, Queen 
City Coach Company, were withdrawn that he would withdraw his client's 
application; and communication has been received from Mr. K. J. Kindley, 
attorney for Queen City Coach Company, withdrawing Docket No. 2996; 
therefore, request to withdraw Docket No. 2988, Carolina Scenic Coach 
Lines is hereby granted, and 

It Is Ordered, that said Docket be closed. 

By Order of the Commission. 

This 27th day of October, 1943. 

R. 0. Self, Chief Clerk. 

Docket No. 2988. 

APPLICATION OF HAMISH TURNER d/b/a, CAROLINA STAGES, 
FOR MOTOR VEHICLE FRANCHISE RIGHTS TO TRANSPORT 
PASSENGERS (1) FROM BROW HILL, MECKLENBURG COUNTY, 
3/10 OF ONE MILE TO THE GATE OF THE U. S. AIR BASE AND 
RETURN; (2) FROM A POINT JUST EAST OF BROW HILL TO 
WILMONT ROAD AND RETURN OVER A NEWLY CONSTRUCTED 
ROAD DESIGNATED AS COUNTY ROAD NO. 198. 

Order 

Before Commissioner Hunter. 
Appearances : 

For the Applicant: 

C. W. Tillett, Charlotte, N. C. 
For the Protestant: 

R. G. Cherry, Gastonia, N. C, and K. J. Kindley, Charlotte, N. C, 
for Queen City Coach Company. 



Decisions and Adjustments of Complaints 225 

Hunter, Commissioner. This application for franchise rights to transport 
passengers over the routes described in the caption came on for hearing 
in Charlotte on January 27, 1944, before a member of the Commission. 
Route 1, about three-tenths of a mile, leads from the applicant's franchise 
route at Brow Hill to the gate of the U. S. Air Base, known as Morris 
Field, and route 2, about one and nine-tenths miles, is an alternate route, 
described in the testimony as a cut-off, and leads from a point just east 
of Brow Hill on the applicant's franchise route to the Wilmont Road where 
it connects with applicant's present route, said alternate route being a 
newly constructed highway from Morris Field to Charlotte, and is desig- 
nated on the 1942 map of Mecklenburg County as Road No. 198. The ap- 
plicant proposes to route his buses to and from Charlotte over said County 
Road No. 198, and also over his present franchise route from Charlotte 
to South Carolina via Brow Hill. 

The Queen City Coach Company, protestant, operates between Charlotte 
and Morris Field over the Wilkinson Boulevard, entering Morris Field 
from the north and northeast through such gates as the military authori- 
ties designate. It has a five-year contract with the Morris Field authori- 
ties, revokable at the will of the Secretary of War, which provides, among 
other things, that Queen City Coach Company shall have the exclusive 
right to operate a bus transportation service to and within the said mili- 
tary reservation. Its fare for transportation between the reservation and 
Charlotte is seven cents, or four tickets for twenty-five cents, and it has 
an arrangement with the Duke Power Company by which said companies 
honor the transfers of one another, providing service at said rate between 
the camp, reservation and the Charlotte area served by the Duke Power 
Company. 

The basis of the protest of the Queen City Coach Company, as appears 
from the testimony, is an apprehension that the applicant may provide 
a shuttle service between Charlotte and Morris Field, arrange with the 
authorities to enter the reservation, and in this way establish a competi- 
tive service that will seriously impair the protestant's service between 
Charlotte and the camp reservation and may make it impracticable ' to 
operate at its present rate. It does not oppose the proposed operation over 
the routes described in the application for through schedules between 
Charlotte and points in South Carolina, and does not object to the appli- 
cant receiving and discharging such passengers along the proposed routes 
as may elect to use said through buses. The applicant disclaims any present 
intention of providing a strictly local or shuttle service between Charlotte 
and Morris Field, but points out that his present franchise route by Morris 
Field was established and operated before Morris Field was established 
and that it is his right and duty to provide any service needed along his 
franchise routes. 

It appears from the testimony that no additional equipment will be re- 
quired to operate over the proposed routes. Buses may be routed over 
the proposed routes at some saving in mileage, with some additional con- 
venience to the traveling public, and at no appreciable loss or injury to 
the protestant. Economy in operation appears to justify the Commission 
in granting the rights requested. 



226 N. C. Utilities Commission 

It Is, Therefore, Ordered: (1) That the application of Hamish Turner 
d/b/a, Carolina Stages, for motor vehicle franchise rights to transport pas- 
sengers over the routes described in the caption, be, and the same is 
hereby granted. 

(2) That the findings and order herein will become the findings and 
order of the full Commission at the expiration of ten days from the date 
hereof unless exceptions are filed thereto within said period. 

This the 24th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2255. 



APPLICATION OF CAROLINA STAGES TO OPERATE AS PASSEN- 
GER CARRIER FROM JUNCTION OF MECKLENBURG COUNTY 
HIGHWAY 25 AND N. C. 49, OVER N. C. 49 VIA U. S. RUBBER 
PLANT TO JUNCTION OF N. C. 49 AND UNNUMBERED COUNTY 
HIGHWAY, JUST EAST OF COFFEY CREEK AND THENCE TO 
JUNCTION OF UNNUMBERED MECKLENBURG COUNTY HIGH- 
WAY AND MECKLENBURG COUNTY HIGHWAY 200. 

Order 
Appearances : 

C. W. Tillett, Charlotte, N. C, for Carolina Stages. 

R. G. Cherry, Gastonia, N. C, for Queen City Coach Company, 

Charlotte Suburban Lines and Smoky Mountain Stages. 
K. J. Kindley, Charlotte, N. C, for Queen City Coach Company, 
Charlotte Suburban Lines and Smoky Mountain Stages. 

Hunter, Commissioner. This application for franchise rights to trans- 
port passengers over the highways described in the caption was filed on 
March 5, 1943, and came on for hearing in Charlotte on January 27, 1944. 

The applicant has been operating over a portion of the route in question 
since the latter part of November, 1943, under a temporary authority as 
the result of communications culminating in the following letter and 
telegram : 

Nov. 11, 1943. 
"Mr. R. O. Self, 
N. C. Utilities Commission, 
Raleigh, N. C. 
Dear Mr. Self: 

Referring to our telephone conversation of Nov. 8th, in which I 
discussed the immediate need of bus service by Carolina Stages, serv- 
ing our plant with their regular schedules. 

We have several ladies who live on Wilmont Road, and work on 
all three shifts, with no means of transportation at all, to and from 
work here. 



Decisions and Adjustments of Complaints 227 

The plant needs their services very badly. Our transportation prob- 
lem is acute. 

Please advise when this temporary authority will be released or 
granted. 

Yours very truly, 
A. G. Thompson, 
Transportation Manager." 

AGT/vs 

Raleigh, N. C. 

November 18, 1943. 
"Mr. C. W. Tillett, 
Attorney at Law, 
Charlotte, N. C. 

■ With operation limited to workers living along portions of the routes 
not now served by franchise carriers and workers not to be trans- 
ported to or from Charlotte Union Bus Station, Carolina Stages is 
hereby authorized to otherwise render the service applied for in Docket 
2870. This service to be temporary and subject to discontinuance by 
this Commission upon one day's notice without protest from Carolina 
Stages pending formal hearing in Docket 2870 and hearing December 2 
postponed until further notice. This authority granted over protest 
of Charlotte Suburban Lines. 

NORTH CAROLINA UTILITIES COMMISSION. 
By : R. 0. Self, Chief Clerk. 

Findings of Fact 

1. The applicant holds franchise rights and operates from the Union 
Bus Station in Charlotte over Wilmont Road and County Highways Nos. 
200, 18 and 25 to the South Carolina State Line, thence to Fort Mill, Rock 
Hill, Chester and other points in South Carolina, said route leading by 
the U. S. Air Base, known as Morris Field, Dixie, Big Steel Creek Church, 
and Shopton, all in Mecklenburg County, and leading out of Charlotte in 
the same general direction as State Highway No. 49, crossing said highway 
at Armstrong's Store, 3.6 miles south of the U. S. Rubber Company plant. 

2. The proposed route leaves the applicant's present franchise route at 
a point on County Highway No. 200 about one mile south of Brow Hill 
and about the same distance south of Morris Field and comes back to said 
franchise route at Armstrong's Store. It is from seven to eight miles long, 
two to three miles of which is over an unnumbered county road and the 
remainder over State Highway No. 49 on which the U. S. Rubber Company 
plant is located. It is three to five miles shorter than the applicant's pres- 
ent route and is a better road. 

3. The applicant proposes to operate three round trips daily between 
the Charlotte Union Bus Station and the U. S. Rubber Company plant, 
and also proposes to route his regular Charlotte-South Carolina schedules, 
about ten round trips daily, by said plant. These regular schedules are 
usually operated in two sections, one of which will go by the Rubber Plant 
over the proposed route, and the other over the present franchise route 
via Shopton. 

4. The Smoky Mountain Stages, Inc., holds franchise rights and operates 
from Charlotte to the South Carolina Line over State Highway No. 49, 
thence to York, Chester and other South Carolina points. It transports in- 



,228 N. C. Utilities Commission 

terstate and intrastate passengers over said route to and from said Rub- 
ber Plant. 

5. During the early part of 1942 Smoky Mountain Stages leased to 
Charlotte Suburban Lines, Inc., operating rights over said State Highway 
No. 49 from Charlotte to said Rubber Plant for the purpose of transport- 
ing employees to and from said plant, said lease having been filed with 
and approved by the Commission. 

6. Under date of August 4, 1942, said U. S. Rubber Company entered 
into an agreement with the Charlotte Suburban Lines for the duration of 
the present war emergency and for ten years thereafter, subject to can- 
cellation after the emergency by either party, which agreement provided, 
among other things, that said Charlotte Suburban Lines have the exclusive 
right to enter upon the premises of said U. S. Rubber Company for the 
purpose of transporting employees to and from Charlotte and vicinity, 
using any road to the plant from Charlotte and vicinity suitable and con- 
venient that it otherwise has the right and privilege of using. The Char- 
lotte Suburban Lines began operations under said agreement on February 
15, 1943, and hauls about 60,000 passengers per month. It operates 30 
round trips per day between Charlotte and the Rubber Plant. 

7. Under his temporary authority, the applicant operated three round 
trips per day from December 1 to 31 from the intersection of Wilmont 
Drive and Dowd Road, in Charlotte, to the plant. During said period he 
hauled 908 passengers, or an average load of six passengers. 

8. Under the temporary authority granted the applicant lost money, the 
cost of operation being about thirteen cents per bus-mile and receipts 
from three to four cents per bus-mile. The Charlotte Suburban Lines lost 
$13,000 on its operations from February 15, 1943, to November 1, 1943. 
On or about November 1, 1943, it leased certain of its outlying operations 
to other carriers, but retained certain other operations, including the 
operation between Charlotte and the Rubber Plant over State Highway 
No. 49. Since this change it has not been a profitable operation, but has 
not resulted in loss of money. 

9. The U. S. Rubber Company is engaged in the manufacture of very 
essential war materials, the nature and importance of which need not be 
disclosed. It operates on three eight-hour shifts and employs several 
thousand people who live in Mecklenburg County and adjoining counties in 
North Carolina and South Carolina. It is trying to get 3,000 additional 
employees. 

10. The applicant's present franchise route out of Charlotte and his pro- 
posed route by said Rubber Plant traverses a thickly populated section in 
which a substantial number of employees and prospective employees re- 
side. The U. S. Rubber Company, through its transportation manager, 
Mr. A. G. Thompson, supported the application and is interested in making 
the proposed service available for its present and prospective employees. 
It is likewise interested in maintaining the service rendered by Charlotte 
Suburban Lines, which is adequate between Charlotte and the plant. 

Conclusions 

The purpose and legal effect of the agreement entered into between the 
U. S. Rubber Company and the Charlotte Suburban Lines on August 4, 



Decisions and Adjustments of Complaints 229 

1942, appears to be to give the latter the exclusive right to transport pas- 
sengers between Charlotte and vicinity and the plant. The testimony is 
not convincing that either party has receded from that purpose, neither 
is it convincing that there is any substantial need for additional service 
between the City of Charlotte and the plant, or that the U. S. Rubber 
Company is insisting upon any additional service between said points. It 
does appear that there is a substantial demand and need for service from 
the applicant's present franchise route to the plant, both for present and 
for prospective employees. This service can and should be provided by 
operating buses over the proposed route, either by shuttle service or by 
operating certain of the regular through schedules by the plant. 

Aside from the contract obligations between the U. S. Rubber Company 
and the Charlotte Suburban Lines, which the Commission should not dis- 
turb so long as the service is satisfactory to the parties and meets the de- 
sired purpose, another independent carrier transporting passengers between 
the Charlotte Union Bus Station and the plant, or vice versa, will make 
the service competitive and be a source of constant annoyance without any 
substantial benefit to carriers or to the public. 

Except for the transportation of employees to and from the Rubber 
Plant and transportation incident to the war emergency, there is no de- 
mand or need for service over State Highway No. 49 that did not exist at 
the time the applicant applied for and obtained his present franchise 
rights, and it has not been the policy of the Commission to grant emergency 
rights for a longer period than the emergency. 

It Is, Therefore, Ordered: 

1. That the application of Hamish Turner, trading as Carolina Stages, 
for motor vehicle franchise rights to transport passengers over the route 
described in the caption be, and the same is hereby, granted, subject 
to the following conditions: 

(a) That passengers shall not be received at or in the vicinity of the 
Charlotte Union Bus Station for transportation to the U. S. Rubber Com- 
pany Plan, nor received at or in the vicinity of said plant for transpor- 
tation to said bus station, or to the vicinity thereof. 

(b) That the rights herein granted shall cease and determine upon no- 
tice to the Commission from the U. S. Rubber Company that the service 
is not needed for its employees, and in the absence of such notice shall 
cease and determine at the expiration of six months after the declaration 
of peace between the United States and the countries with which it is 
now at war, or at the expiration of three years from the date hereof, which- 
ever occurs first. 

2. That the findings and order herein shall become the findings and order 
of the full Commission at the expiration of ten (10) days from the date 
hereof unless exceptions are filed thereto within said period. 

This the 28th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2870. 



230 N. C. Utilities Commission 

PURCHASE BY CAROLINA TRANSPORTATION COMPANY OF THE 
FRANCHISES AND PROPERTIES OF R. H. BARBOUR, DOING 
BUSINESS AS BARBOUR MOTOR EXPRESS. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon petition of R. H. Barbour, doing business as Barbour 
Motor Express, and Carolina Transportation Company, for authority to 
effect a sale and transfer of the properties and franchises of R. H. Barbour, 
doing business as Barbour Motor Express, to Carolina Transportation 
Company according to the terms of an agreement of date October 18, 1943, 
entered into between said parties, a copy of which agreement is on file 
with the Commission; and for the approval by the Commission of a lease 
by Carolina Transportation Company of the properties and franchises of 
R. H. Barbour, doing business as Barbour Motor Express, pending final 
approval of the purchase and sale agreement by this Commission and by 
the Interstate Commerce Commission; and the Commission being fully 
advised as to the situation of R. H. Barbour, doing business as Barbour 
Motor Express, and of Carolina Transportation Company, and of their 
relationship to the business of transportation of freight by motor vehicle 
in North Carolina, which is under the supervision of this Commission; 

And this Commission having duly considered the effect of said proposed 
purchase and sale and of the lease pending final transfer of the properties 
and franchises, and being of the opinion that public service will be im- 
proved and benefited by said purchase and sale and lease by Carolina Trans- 
portation Company of all the franchise rights, equipment and tangible 
property of R. H. Barbour, doing business as Barbour Motor Express, and 
the operation by Carolina Transportation Company over said intrastate 
franchise routes; 

Now, Therefore, it is ordered by the Commission: 

1. That a sale and transfer of all the intrastate franchise rights of R. H. 
Barbour, doing business as Barbour Motor Express, and of the motor 
equipment and tangible property to Carolina Transportation Company be, 
and the same is hereby approved, and the agreement entered into between 
said parties of date October 18, 1943, be, and the same is hereby approved. 

2. That the lease of the franchise rights of R. H. Barbour, doing busi- 
ness as Barbour Motor Express, to Carolina Transportation Company 
pursuant to the terms of said agreement of date October 18, 1943, be 
and the same is hereby approved; and Carolina Transportation Company 
be, and is hereby authorized, empowered and directed to continue the 
operations that have heretofore been carried on by R. H. Barbour, doing 
business as Barbour Motor Express, over the intrastate franchise routes 
of said R. H. Barbour, doing business as Barbour Motor Express, as 
shown on Franchise Certificate No. 386 issued by this Commission, which 
said lease shall become effective on the day following approval of the same 
or a grant of temporary authority by the Interstate Commerce Commis- 
sion. 

3. That the intrastate franchise rights heretofore held by R. H. Bar- 
bour, doing business as Barbour Motor Express, shall be transferred by 
the Clerk of this Commission to Carolina Transportation Company im- 



Decisions and Adjustments of Complaints 231 

mediately upon and after the approval by the Interstate Commerce Com- 
mission of the agreement of sale and purchase hereinbefore referred to, 
or at such time as may be designated in the order of the Interstate Com- 
merce Commission approving such sale and transfer, provided that each 
of the parties hereto have complied with the terms of the agreement en- 
tered into by said parties of date October 18, 1943; and provided further 
that R. H. Barbour shall furnish this Commission satisfactory evidence 
that all lawful interline accounts, C.O.D. claims, and taxes due the State 
of North Carolina, other than income taxes, arising from the operations 
of said Barbour Motor Express have been paid and satisfied in full. 

4. That upon the effective date of said lease agreement and upon the 
transfer of the franchises of R. H. Barbour pursuant to the terms of said 
agreement dated October 18, 1943, Carolina Transportation Company be, 
and is hereby authorized, empowered and directed to continue all opera- 
tions formerly carried on by R. H. Barbour, doing business as Barbour 
Motor Express. 

Dated this 21st day of October, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3003. 



PETITION OF CAROLINA TRANSPORTATION COMPANY TO PUR- 
CHASE BARBOUR MOTOR EXPRESS FRANCHISE FROM RALEIGH 
TO FAYETTEVILLE. 

Order 

This cause coming on for further consideration by the Commission, it 
was found on examination that the Commission's order of October 21, 1943, 
authorized the Carolina Transportation Company, of Raleigh, North Car- 
olina, to purchase the franchise rights of Barbour Motor Express, and 
that the Carolina Transportation Company had been operating the said 
Barbour Motor Express franchise under lease for a period of months 
pending approval of the purchase by the Interstate Commerce Commission. 
Now the Carolina Transportation Company presents an affidavit made by 
Mr. R. H. Barbour, owner of Barbour's Motor Express, setting forth that 
all C.O.D. and interline accounts and all taxes of every kind assessed 
against him on the properties described in affiant's bill of sale, dated July 
17, 1944, to Carolina Transportation Company have been paid including 
city, county, and State taxes, and that all taxes of every kind due the 
United States, the State of North Carolina or Wake County, arising from 
the operations of Barbour Motor Express have been paid and satisfied in 
full, and that it appears that this is in full compliance with the Commis- 
sion's order of October 21, 1943; therefore, it is 

Ordered, that the franchise rights in Certificate No. 386 in the name of 
Barbour Motor Express be transferred to Carolina Transportation Com- 



232 N. C. Utilities Commission 

pany, and that Certificate No. 386 of Barbour Motor Express be otherwise 
cancelled. 

This 3rd day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 3003. 

PURCHASE BY CAROLINA TRANSPORTATION COMPANY OF THE 
FRANCHISES AND PROPERTIES OF L. RUSSELL STALLINGS, 
MRS. ANNIE STALLINGS, AND JOHN L. BARBEE, DOING BUSI- 
NESS AS STALLINGS TRANSFER SERVICE. 

Order 

This matter coming on to be heard before the Utilities Commission of 
North Carolina upon petition of L. Russell Stallings, Mrs. Annie Stallings, 
and John L. Barbee, doing business as Stallings Transfer Service, and 
Carolina Transportation Company, for authority to effect a sale and trans- 
fer of the properties and franchises of L. Russell Stallings, Mrs. Annie 
Stallings, and John L. Barbee, doing business as Stallings Transfer Serv- 
ice, to Carolina Transportation Company according to the terms of an 
agreement of date November 29, 1943, entered into between said parties, 
a copy of which agreement is on file with the Commission; and for the 
approval by the Commission of a lease by Carolina Transportation Com- 
pany of the properties and franchises of L. Russell Stallings, Mrs. Annie 
Stallings, and John L. Barbee, doing business as Stallings Transfer Serv- 
ice, pending final approval of the purchase and sale agreement by this 
Commission and by the Interstate Commerce Commission; and the Com- 
mission being fully advised as to the situation of L, Russell Stallings, Mrs. 
Annie Stallings, and John L. Barbee, doing business as Stallings Transfer 
Service, and of Carolina Transportation Company, and of their relation- 
ship to the business of transportation of freight by motor vehicle in North 
Carolina, which is under the supervision of this Commission; 

And this Commission having duly considered the effect of said pro- 
posed purchase and sale and of the lease pending final transfer of the 
properties and franchises, and being of the opinion that public service 
will be improved and benefited by said purchase and sale and lease by 
Carolina Transportation Company of all the franchise rights, equipment 
and tangible property of L. Russell Stallings, Mrs. Annie Stallings, and 
John L. Barbee, doing business as Stallings Transfer Service, and the 
operation by Carolina Transportation Company over said intrastate fran- 
chise routes; 

Now, Therefore, it is ordered by the Commission: 

1. That a sale and transfer of all the intrastate franchise rights and 
temporary operating authority of L. Russell Stallings, Mrs. Annie Stall- 
ings, and John L. Barbee, doing business as Stallings Transfer Service, 
and of the motor equipment and tangible property to Carolina Transpor- 



Decisions and Adjustments of Complaints 233 

tation Company be, and the same is hereby approved, and the agreement 
entered into between said parties of date November 29, 1943, be, and the 
same is hereby approved. 

2. That the lease of the franchise rights of L. Russell Stallings, Mrs. 
Annie Stallings, and John L. Barbee, doing business as Stallings Transfer 
Service, to Carolina Transportation Company pursuant to the terms of 
said agreement of date November 29, 1943, be and the same is hereby ap- 
proved; and Carolina Transportation Company be, and is hereby author- 
ized, empowered and directed to continue the operations that have hereto- 
fore been carried on by L. Russell Stallings, Mrs. Annie Stallings, and 
John L. Barbee, doing business as Stallings Transfer Service, over the 
intrastate franchise routes of said L. Russell Stallings, Mrs. Annie Stall- 
ings and John L. Barbee, doing business as Stallings Transfer Service, 
as shown on Franchise Certificate No. 227 and amendments thereto, issued 
by this Commission, which said lease shall become effective on the day 
following approval of the same or a grant of temporary authority by 
the Interstate Commerce Commission to Carolina Transportation Com- 
pany. 

3. That the intrastate franchise rights heretofore held by L. Russell 
Stallings, Mrs. Annie Stallings, and John L. Barbee, doing business as 
Stallings Transfer Service, shall be transferred by the Clerk of this Com- 
mission to Carolina Transportation Company immediately upon and after 
the approval by the Interstate Commerce Commission of the agreement of 
sale and purchase hereinbefore referred to, or at such time as may be 
designated in the order of the Interstate Commerce Commission approving 
such sale and transfer, provided that each of the parties hereto have com- 
plied with the terms of the agreement entered into by said parties of date 
November 29, 1943; and provided further that L. Russell Stallings, Mrs. 
Annie Stallings, and John L. Barbee shall furnish this Commission satis- 
factory evidence that all lawful interline accounts, C.O.D. claims, and 
taxes due the State of North Carolina, other than income taxes, arising 
from the operations of said Stallings Transfer Service have been paid and 
satisfied in full. 

4. That upon the effective date of said lease agreement and upon the 
transfer of the franchises of L. Russell Stallings, Mrs. Annie Stallings, 
and John L. Barbee pursuant to the terms of said agreement dated No- 
vember 29, 1943, Carolina Transportation Company be, and is hereby au- 
thorized, empowered and directed to continue all operations formerly car- 
ried on by L. Russell Stallings, Mrs. Annie Stallings, and John L. Barbee, 
doing business as Stallings Transfer Service. 
Dated this 1st day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 3028. 



234 N. C. Utilities Commission 

PURCHASE BY CAROLINA TRANSPORTATION COMPANY OF THE 
FRANCHISE AND PROPERTIES OF L. RUSSELL STALLINGS, 
MRS. ANNIE STALLINGS, AND JOHN L. BARBEE d/b/a, STALL- 
INGS TRANSFER SERVICE. 

Order 

Under date of December 1, 1943, the Commission issued an order ap- 
proving the above sale, subject to the approval of the Interstate Commerce 
Commission, with the condition that the parties to the proceedings before 
transfer of certificate is made furnish to this Commission, in affidavit 
form, evidence that all lawful interline accounts, C.O.D. claims, and taxes 
due the State of North Carolina, other than income taxes, arising from 
the operation of said Stallings Transfer Service, have been paid and satis- 
fied in full. 

Now comes Mrs. Annie Stallings and John L. Barbee and presents the 
affidavit dated August 23, 1944, as follows: 

"Mrs. Annie Stallings, and John L. Barbee, being duly sworn, depose 
and say that all lawful interline accounts, C.O.D. claims, and taxes due 
the State of North Carolina, other than income taxes, arising from the 
operations of Stallings Transfer Service, have been paid and satisfied in 
full. That all taxes of every kind assessed against them on the properties 
described in affiants' bill of sale dated August 23, 1944, to Carolina Trans- 
portation Company, have been paid in full, including city, county and State 
taxes, and that all taxes of every kind due the United States, the State 
of North Carolina, or Nash County, arising from the operation of Stallings 
Transfer Service, have been paid and satisfied in full. 

"Affiants further deposes and say that they and L. Russell Stallings are 
the sole owners of the properties described in said bill of sale, have full 
right and power to sell and dispose of said properties, and that there are 
no outstanding liens, mortgages, or encumbrances of any kind against 
any of said properties. 

"Affiants further depose and say that they and L. Russell Stallings 
are the sole owners of the properties described in said bill of sale, have 
full right and power to sell and dispose of said properties, and that there 
are no outstanding liens, mortgages, or encumbrances of any kind against 
any of said properties. 

"Affiants further depose and say that this affidavit is made and given 
for the purpose of inducing Carolina Transportation Company to accept 
the delivery of the properties described in the bill of sale above referred 
to and for the purpose of inducing said Carolina Transportation Company 
to pay to these affiants the purchase price of $20,000.00 as set forth in 
said bill of sale." 

It appears that the above affidavit furnishes the Commission the infor- 
mation desired and provided in said order of December 1, 1943, and the 
purchaser being satisfied therewith* has complied with the provisions of 
the agreement of sale, and 

It Is, Therefore, Ordered, that Franchise Certificate No. 227, standing 
in the name of Annie Stallings, John L. Barbee, and L. Russell Stallings 



Decisions and Adjustments of Complaints 235 

d/b/a, Stallings Transfer Service, be transferred to Carolina Transporta- 
tion Company. 

This the 25th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3028. 

CAROLINA TRANSPORTATION COMPANY, Complainant, vs. OVER- 
NITE TRANSPORTATION COMPANY, Respondent. 

Order 
Appearances : 

William B. Umstead, Durham, N. C, for Carolina Transportation 

Company. 
Arch T. Allen, Raleigh, N. C, for Carolina Transportation Company. 

This cause, heard before the full Commission on January 25, 1944, arises 
upon a formal complaint filed with the Commission by Carolina Transpor- 
tation Company wherein it is alleged, in substance, that the respondent, 
J. H. Cochrane, trading as Overnite Transportation Company, is engaged 
in the transportation of intrastate shipments between points and over 
routes not covered in his intrastate franchise certificate and that said opera- 
tions are unlawful and in violation of the complainant's intrastate fran- 
chise rights. The respondent testified in his own behalf, freely admitted 
the material allegations of the complaint and from his testimony the Com- 
mission finds that said respondent has deliberately transported numerous 
intrastate shipments over franchise routes not included in his intrastate 
franchise certificate, many of which said shipments have been made on 
the franchise routes of the complainant. The Commission further finds 
from the testimony that the operation of the respondent in the respects 
mentioned are unlawful, unauthorized and have been continued for a long 
period of time and that the said respondent did not desist therefrom after 
the filing of the complaint herein. 

It Is, Therefore, Ordered, that the respondent, J. H. Cochrane, trading 
as Overnite Transportation Company, his agents, servants and employees 
immediately desist from the transportation of commodities between points 
or over routes within the State of North Carolina not expressly authorized 
by his franchise certificate. 

And It Is Further Ordered, that upon failure of the said respondent 
to comply strictly with the provisions of this order that his license be 
cancelled, as provided in Section 8, Chap. 136, Public Laws of 1927. 

This the 1st day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 3007. 



236 N. C. Utilities Commission 

PETITION AND PROTEST OF CAROLINA TRANSPORTATION COM- 
PANY, et al. vs. J. H. COCHRANE d/b/a, OVERNITE TRANSPOR- 
TATION COMPANY. 

Order 

The Southern Consolidated, Inc., having filed a petition for intervention 
in the above-entitled cause for the purpose of being made a party thereto 
with the right to offer evidence and otherwise protect its rights and the 
rights of its transferee and upon consideration of said petition 

It Is Hereby Ordered, that said petitioner, Southern Consolidated, Inc., 
be, and it is hereby, allowed to intervene and become a party in the above- 
entitled cause with the right to offer evidence and otherwise protect its 
interest in the matters involved. 

This the 16th day of February, 1944. 

Fred C. Hunter, Commissioner 

By Order of the Commission. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 3065. 



CAROLINA TRANSPORTATION COMPANY, FREDRICKSON MOTOR 
EXPRESS CORPORATION, D. J. THURSTON d/b/a, THURSTON 
MOTOR LINES, SMITH'S TRANSFER CORPORATION, MILLER 
MOTOR EXPRESS AND MRS. MABEL D. BURTON d/b/a, HELMS 
MOTOR EXPRESS vs. J. H. COCHRANE d/b/a, OVERNITE TRANS- 
PORTATION COMPANY, RICHMOND VIRGINIA. 

SOUTHERN CONSOLIDATED, INCORPORATED, Intervenor. 

Order 
Before the Full Commission. 
For the Petitioners: 

William B. Umstead, Durham, N. C, for Carolina Transportation 

Company. 
Arch T. Allen, Raleigh, N. C, for Carolina Transportation Company. 
I. M. Bailey, Raleigh, N. C, for Thurston Motor Lines, Helms Motor 
Express, Miller Motor Express, Smith's Transfer Corporation, and 
Fredrickson Motor Express Corporation. 
For the Respondent: 

Tom Gold, High Point, N. C, for Overnite Transportation Company. 
For Intervenor: 

H. G. Hudson, Winston-Salem, N. C, for Southern Consolidated, Inc. 
Hunter, Commissioner. 

This is a proceeding, heard on February 11, 1944, wherein the peti- 
tioners, all of whom are intrastate franchise carriers of freight by motor 
vehicle, seek to annul the intrastate franchise rights of the respondent 
evidenced by Franchise Certificates 455, 321 and 532. Said certificates and 
the operating rights therein granted were acquired by the respondent by 
purchase from Ward Transfer Company, Hurley Geringer and Southern 



Decisions and Adjustments of Complaints 237 

Consolidated, Incorporated, respectively. The material allegations of the 
petition are as follows: 

"2. That J. H. Cochrane d/b/a, Overnite Transportation Company, 
holds North Carolina Franchise Certificate Number 511, which certificate 
does not represent the granting of any rights through the original ap- 
plication but includes franchised routes purported to have been pur- 
chased from (a) Ward Transfer Company, Certificate No. 455, (b) 
Hurley Geringer, Certificate No. 321, and (c) Southern Consolidated, 
Incorporated, Certificate No. 532, reference hereby being had to Cer- 
tificate No. 511 for the routes covered by the respective certificates above 
referred to. 

"3. That as the petitioners and protestants are informed, believe and 
allege, each of the certificates purported to have been purchased by 
the respondent are void for that (a) each of said certificates had not 
been operated as required by law prior to the purported purchase by 
the respondent or (b) the respondent has not operated the service or 
has suspended the service of the routes covered by said certificates since 
the purported purchase of said certificates and the rights thereunder, 
if any. 

"4. As these petitioners and protestants are informed, believe and 
allege, the respondent has failed to pay for a period of thirty (30) days 
the franchise tax as provided by law or prior to the purported pur- 
chase of the franchise certificates hereinbefore referred to the then 
holders of said certificates failed for a period of thirty (30) days o • 
longer prior to said purported sale to pay the franchise tax as provided 
by law. 

"5. As these petitioners and protestants are informed, believe and 
allege the respondent has operated motor vehicles in the State of North 
Carolina in intrastate service in the transportation of freight between 
points within the State of North Carolina v/ithout operating over routes 
established under the North Carolina Motor Vehicle Act, being Chapter 
136, Public Laws of 1927 and amendments thereto, and without first 
having obtained a permit or franchise to operate said service over said 
routes." 

Findings of Fact 

1. The testimony in support of the allegations of paragraphs 3 and 4 
of the petition with respect to Franchise Certificates 455 and 321 is en- 
tirely wanting. 

2. Franchise Certificate 532, purchased by respondent from Southern 
Consolidated, Inc., grants franchise rights over certain named highways 
from Greensboro to Wilmington via Carthage, Sanford and Fayetteville, 
and return. 

3. Said Franchise Certificate 532 was purchased by respondent from 
Southern Consolidated, Inc., with the written consent of the Commission, 
said sale and transfer having been made and the respondent's Franchise 
Certificate 511 amended to include said franchise rights on January 6, 
1944. The respondent began service over the routes in question on or 
about February 1, 1944, and is operating regular schedules over said 
routes, transporting approximately 40,000 pounds of freight over the same 
per week. 

4. At the time the respondent purchased said Franchise Certificate 532 
Southern Consolidated, Inc., was the owner of record. The purchase was 
made in good faith, for a consideration of $2,000.00, and upon assurance 
from M. D. McLean, President of said corporation, that sufficient opera- 
tions had been maintained to keep the franchise alive. 



238 N. C. Utilities Commission 

5. Southern Consolidated, Inc., did not transport any intrastate freight 
over the routes in question during the five months next preceding said 
sale and transfer, and did not pay any franchise tax on any intrastate 
business done during said period. 

6. Any abandonment, discontinuance, suspension or non-use of said fran- 
chise rights by Southern Consolidated, Inc., was without the knowledge 
or consent of the Commission. 

7. The allegations of paragraph 5 of the petition are well supported 
by the testimony in that the respondent is transporting intrastate freight 
regularly beween Durham and Greensboro over U. S. Highway No. 70 
without having applied for and obtained intrastate franchise rights over 
said highway between said points. 

Conclusions of Law 

1. Sale of Franchise Rights. 

The right to sell motor vehicle franchise rights is impliedly if not ex- 
pressly authorized by statute, but only with the written consent of the 
Commission. G. S. 62-107. Such consent does not cure title defects, and 
does not make a sale valid which is invalid for some other reason. 

2. Failure to Use Franchise Rights. 

It is inconceivable that Southern Consolidated, Inc., could have made any 
service available for five consecutive months in 1943 over a route including 
such industrial centers as Greensboro, Fayetteville and Wilmington with- 
out handling a single intrastate shipment. That it did not render any 
service over its franchise would relieve it of the duty of paying franchise 
tax during that period, such tax being based upon business done, but its 
full duty to the public is not measured by payment of franchise tax on 
business done. It must operate, and by its failure to do so for five con- 
secutive months without the written consent of the Commission it ran 
afoul of the following statute: 
"G.S. 62-111. Cancellation of Franchise Certificates. 

"(a) Franchise certificates issued under this article shall become null 
and void for the following causes: 

"(1) For failure for thirty days to pay the franchise tax as pro- 
vided by law. 

"(2) For abandonment of authorized operation for a period of thirty 
days without the written consent of the Commission. 

"(3) For failure to begin operation within thirty days after the 
issuance of certificate." 

The use of the word "abandonment" in subsection 2 has not been over- 
looked. In the light of the context it seems to carry the idea of suspension 
or non-use of operating rights rather than relinquishment without any 
intention of resuming operations. If this is not its meaning, this sub- 
section would seem to say that a carrier may abandon its franchise rights 
for a period less than thirty days, or for thirty days or longer with the 
written consent of the Commission, and still hold to its rights, an incon- 
sistency that cannot be satisfactorily reconciled. 

Sub-sections 2 and 3 are both evidently intended to protect the public 
against holding franchise rights without using them. This is certainly 
the purpose of subsection 3, and it lends some aid in construing sub- 
section 2 to the same purpose. 



Decisions and Adjustments of Complaints 239 

3. Operations Over Routes Not Granted. 

There is no semblance of authority for performing any intrastate com- 
mon carrier service over a highway of this State not included in the car- 
rier's intrastate franchise certificate. A franchise carrier need only read 
its franchise certificate to see what highways are included in its intra- 
state operating rights. U. S. Highway No. 70 between Durham and Greens- 
boro does not appear on the respondent's intrastate franchise certificate. 
His transportation of intrastate freight over said highway between said 
points is unlawful, as clearly appears from the following sections of the 
Motor Vehicle Carrier Act. 

"G.S. 62-103. Definitions. 

"(f) The term 'certificate' means the franchise certificate, granting 
authority to a motor vehicle carrier to operate motor vehicle service 
over a specific route. 

"G.S. 62-105. Application for Franchise Certificate. Every cor- 
poration or person, their lessees, trustees, or receivers, before operating 
any motor vehicle upon the public highways of the State for the trans- 
portation of persons or property for compensation, within the purview 
of this article, shall apply to the Commission and obtain a franchise 
certificate authorizing such operation . . . 

"G.S. 62-106. Franchise Certificate. Upon granting a franchise 
under this article, the Commission shall issue to such applicant a fran- 
chise certificate which shall expire automatically three years from the 
date thereof and shall obtain the following matters: 

"(b) The public highway or highways over which, and the fixed 

termini between which, the grantee is permitted to operate." 

During the present emergency many carriers, both interstate and intra- 
state, have not respected their operating rights. The instant case is an 
example of which there are many, and all offenders, interstate and intra- 
state, must discontinue the practice. Hundreds of motor vehicle franchise 
carriers operate to, from and through North Carolina under authority of 
the Interstate Commerce Commission. The State has issued to many of 
these carriers IS (interstate) tags for revenue purposes and as evidence 
of compliance with State police regulations, but neither an interstate cer- 
tificate nor an IS tag gives such carriers any authority to transport intra- 
state shipments. That authority can only arise from an express grant by 
the Utilities Commission and must appear on the carrier's intrastate 
franchise certificate. 

It is a very simple matter for a franchise carrier to read what is writ- 
ten on its intrastate franchise certificate. The public highway or highways 
over which, and the fixed termini between a franchise carrier is permitted 
to operate, are clearly written on its intrastate franchise certificate and 
should be read and observed. 

It Is, Therefore, Ordered: . 

1. That the purported sale of Franchise Certificate .532 by Southern 
Consolidated, Inc., to J. H. Cochrane d/b/a, Overnite Transportation Com- 
pany, be, and the same is hereby, vacated and set aside without prejudice 
to any recourse said J. H. Cochrane may have against said corporation. 

2. That said Franchise Certificate 532 and any and all operating rights 
therein granted be, and the same is hereby declared null and void as of 
September, 1, 1943. 



240 N. C. Utilities Commission 

3. That Franchise Certificate 511, in the name of J. H. Cochrane d/b/a, 
Overnite Transportation Company, be amended by striking out all routes 
and rights purporting to have been acquired by purchase of Franchise 
Certificate 532 from Southern Consolidated, Inc. 

4. That J. H. Cochrane d/b/a, Overnite Transportation Company, be, 
and is hereby, granted temporary motor vehicle franchise rights to trans- 
port freight from Greensboro to Wilmington and return over the highways 
named in said Franchise Certificate 532, pending an investigation and de- 
termination of existing needs for service over said route, said temporary 
right to cease and determine at the will of the Commission, but within 
ninety days from the date hereof. 

5. That J. H. Cochrane d/b/a, Overnite Transportation Co., immediately 
desist from the transportation of intrastate freight between Durham and 
Greensboro over U. S. Highway No. 70 and over all other highways and 
between all other points not expressly included in his intrastate franchise 
certificate. 

6. That this cause be retained for further hearing before the Commis- 
sion at its Hearing Room in the City of Raleigh at 10:00 o'clock A. M., 
on Tuesday, the 15th day of August, 1944, said further hearing to be with 
respect to 

(a) The transportation of intrastate freight by Carolina Transportation 
Company between Greensboro and Winston-Salem over U. S. Highway 421 ; 

(b) The transportation of intrastate freight by Fredrickson Motor Ex- 
press, Inc., between Greensboro and Burlington over U. S. Highway 
No. 70; 

(c) The transportation of intrastate freight by D. J. Thurston, Jr., 
t/a, Thurston Motor Lines, to, from and through Greensboro and between 
Greensboro and points east thereof over U. S. Highway No. 70, and from 
Fayetteville to Dunn and vice versa via Wade and Godwin. 

That said carriers, and each of them, are hereby directed to investigate 
their respective operations and appear before the Commission at the time 
and place aforesaid fully prepared to advise the Commission as to their 
past and present operations, to and from points and over highways not 
included in their respective intrastate franchise certificates, and particu- 
larly with respect to operations to, from and through the points herein- 
above mentioned. 

7. That this order be served on the parties hereto by mailing a certified 
copy thereof to their respective attorneys of record by registered mail. 

This the 1st day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

R. G. Johnson, Commissioner. 

t 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3065. 



Decisions and Adjustments of Complaints 241 

CAROLINA TRANSPORTATION COMPANY. 

NOTICE OF HEARING OF PETITION TO TEMPORARILY ABANDON 
MOTOR VEHICLE SERVICE. 

Notice is hereby given to the shipping public that the Carolina Trans- 
portation Company has made application under Sec. 62-111 (Sub. 2) of the 
General Statutes of North Carolina for authority to discontinue service, 
except irregular service with loads in compliance with the Office of Defense 
Transportation, for the duration of the war and not to exceed six months 
thereafter over the following highways: 

Between Greensboro and Asheboro over U. S. Route 220; 

Between Asheboro and Ramseur over U. S. Route 64; 

Between Greensboro and Sanford over U. S. Route No. 421; 

Between Raleigh and Henderson over U. S. Route No. 1 ; 

Between Raleigh and Weldon over U. S. Routes No. 1 and 158 with 
Roanoke Rapids as an off route point; 

Between Durham and Oxford over U. S. Route No. 15. 

The applicant states that this request is being made because of the man 
power shortage and present day difficulties over which the petitioner has 
no control. 

The North Carolina Utilities Commission will hold a hearing on this 
petition at 2:30 P. M., Monday, June 26, 1944, at its office in the City of 
Raleigh, and because of the emergency will render a decision thereon at 
the time of hearing. 

By Order of the Commission. 

This the 22nd day of June, 1944. 

N. C. UTILITIES COMMISSION. 
R. 0. Self, Chief Clerk. 

Docket No. 3128. 

APPLICATION CAROLINA TRANSPORTATION COMPANY FOR AU- 
THORITY TO SUSPEND TEMPORARILY THE FOLLOWING 
SCHEDULES: ONE ROUND TRIP PER DAY FROM GREENSBORO 
TO ASHEBORO AND RAMSEUR; GREENSBORO TO SANFORD; 
RALEIGH TO HENDERSON TO NORLINA AND TO WELDON; 
RALEIGH TO WELDON AND ROANOKE RAPIDS; AND DURHAM 
TO OXFORD. 

Order 
Appearances : 

For the Applicant: 

William B. Umstead, attorney at law, Durham, N. C, for Carolina 
Transportation Co. 
For the Protestants: 

W. B. Beasley, Rose's 5, 10 & 25c Store, Henderson, N. C. 
J. H. Cochrane, Overnite Transportation Co., Richmond, Va. 
This cause came on to be heard before the Commission (Commissioner 
Johnson not sitting) on June 26, 1944. 



242 N. C. Utilities Commission 

Winborne, Chairman. 

From the evidence adduced at the hearing the Commission is convinced 
that due to the inability of the applicant to retain proper personnel and 
to procure proper equipment that it is impracticable for the applicant to 
continue attempting service over the branch lines set out in the caption 
without jeopardizing the service on its entire system. 

The Commission further finds as a fact that the way and manner in 
which these branch lines have been operated under war conditions has re- 
sulted in a serious financial loss to the applicant, which loss if continued 
will endanger the solvency of the applicant. 

Wherefore, It Is Ordered, that for the duration of the war, plus six 
months thereafter, the applicant, Carolina Transportation Company, is 
hereby permitted to suspend its regular scheduled operations as prayed for 
in the application, unless such period of suspension is shortened by order 
of this Commission or by voluntary act of the applicant. 

This the 6th day of July, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. 0. Self, Chief Clerk. 

Docket No. 3128. 

THE SALE OF CAROLINA TRANSPORTATION COMPANY, A 
NORTH CAROLINA CORPORATION, TO PIEDMONT TRUCKING 
COMPANY OF ASHEBORO, NORTH CAROLINA, OF CERTAIN 
INTRASTATE FRANCHISE RIGHTS FROM GREENSBORO OVER 
U. S. ROUTE NO. 220 TO ASHEBORO, THENCE TO RAMSEUR 
OVER U. S. ROUTE NO. 64. 

Order 

The above entitled matter comes before the Commission on petition filed 
by the Carolina Transportation Company on the 24th day of July, 1944, 
in which petition this Commission is advised that the Carolina Transpor- 
tation Company has agreed to sell to the Piedmont Trucking Company its 
franchise rights from Greensboro over U. S. Route 220 to Asheboro, thence 
to Ramseur over U. S. Route No. 64, which said rights are embraced in 
Certificate 555, held by the Carolina Transportation Company; and the 
petitioner asks the approval of this Commission of said sale. 

At the present time, with the approval of this Commission, the Caro- 
lina Transportation Company is not operating regular schedules over the 
routes in question, and the Commission has received complaints as to the 
insufficiency of the service now being rendered and, therefore, believes that 
the sale of these rights to the Piedmont Trucking Company, which it is 
satisfied is a responsible operator and thoroughly capable of renderings 
good service, would be greatly in the public interest and will meet a press- 
ing demand. 

Wherefore, It Is Ordered, that said sale and transfer be and the same 
is hereby approved and the Clerk of this Commission is directed to issue 



Decisions and Adjustments of Complaints 243 

to the Piedmont Trucking Company a franchise certificate authorizing it 
to begin operation over the said routes in question immediately. 
This the 25th day of July, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3145. 

NORTH CAROLINA UTILITIES COMMISSION vs. CAROLINA 
TRANSPORTATION COMPANY, FREDRICKSON MOTOR EXPRESS 
CORPORATION, AND D. J. THURSTON, JR., t/a, THURSTON MO- 
TOR LINES. 

IN THE MATTER OF THE TRANSPORTATION OF INTRA- 
STATE FREIGHT BY SAID CARRIERS OVER ROUTES NOT IN- 
CLUDED IN THEIR RESPECTIVE INTRASTATE FRANCHISE 
CERTIFICATES. 

Order 
Before the Full Commission. 
Appearances : 

William B. Umstead, Durham, N. C, for Carolina Transportation 

Company. 
I. M. Bailey, Raleigh, N. C, for Fredrickson Motor Express Corpora- 
tion and Thurston Motor Lines. 
Hunter, Commissioner. 

This cause, which has been assigned Docket Number 3161 for future 
reference, arises upon an order issued by the Commission on August 1, 
1944, in Docket Number 3065, and particularly upon paragraph 6 of said 
order which is as follows: 

"6. That this cause be retained for further hearing before the Com- 
mission at its Hearing Room in the City of Raleigh at 10:00 o'clock 
A. M., on Tuesday, the 15th day of August, 1944, said further hearing 
to be with respect to 

"(a) The transportation of intrastate freight by Carolina Trans- 
portation Company between Greensboro and Winston-Salem over U. S. 
Highway No. 421; 

" (b) The transportation of intrastate freight by Fredrickson Motor 
Express, Inc., between Greensboro and Burlington over U. S. Highway 
No. 70; 

"(c) The transportation of intrastate freight by D. J. Thurston, 
Jr., t/a, Thurston Motor Lines, to, from and through Greensboro and 
between Greensboro and points east thereof over U. S. Highway No. 
70, and from Fayetteville to Dunn and vice versa via Wade and God- 
win. 

"That said carriers, and each of them, are hereby directed to investi- 
gate their respective operations and appear before the Commission at 
the time and place aforesaid fully prepared to advise the Commission as 
to their past and present operations, to and from points and over high- 
ways not included in their respective intrastate franchise certificates, 
and particularly with respect to operations to, from and through the 
points hereinabove mentioned." 



244 N. C. Utilities Commission 

Said carriers appeared before the Commission as directed in said order 
and from the statements of counsel for the respective parties and from 
the testimony offered the Commission finds the following facts: 

1. That the Carolina Transportation Company has been regularly oper- 
ating between Greensboro and Winston-Salem over U. S. Highway 421 in 
the transportation of intrastate freight, and that said carrier has no intra- 
state franchise certificate between said points over said highway. 

2. That Fredrickson Motor Express Corporation has been regularly 
operating between Greensboro and Burlington over U. S. Highway 70 in 
the transportation of rayon from Enka, N. C, to Burlington, and that 
said carrier has no intrastate franchise rights between Greensboro and 
Burlington over said highway. 

3. That D. J. Thurston, Jr., t/a, Thurston Motor Lines, has been regu- 
larly operating between Greensboro and Durham over U. S. Highway 70 
in the transportation of intrastate freight, and that said carrier has no 
intrastate franchise rights between said points over said highway; that 
said carrier has, on occasions, transported intrastate freight from Fayette- 
ville to Dunn and from Dunn to Fayetteville via Wade and Godwin over 
U. S. Highway 301, and that said carrier has no intrastate franchise rights 
to transport intrastate freight originating at Fayetteville destined for 
Dunn or originating at Dunn destined for Fayetteville. 

The operations of said carriers as practiced in the respects above set 
out are unauthorized and unlawful. We deem it unnecessary to further 
elaborate upon the law. Our views are expressed in our decision in Docket 
Number 3065. 

It Is, Therefore, Ordered: 

1. That the Carolina Transportation Company immediately desist from 
the transportation of intrastate freight between Greensboro and Winston- 
Salem over U. S. Highway 421, and over all other highways and between 
all other points not expressly included in its intrastate franchise certifi- 
cate. 

2. That Fredrickson Motor Express Corporation immediately desist from 
the transportation of intrastate freight between Greensboro and Burling- 
ton over U. S. Highway 70, and over all other highways and between 
all other points not expressly included in its intrastate franchise certificate. 

3. That D. J. Thurston, Jr., t/a, Thurston Motor Lines, immediately 
desist from the transportation of intrastate freight between Greensboro 
and Durham over U. S. Highway 70, and over all other highways and be- 
tween all other points not expressly included in his intrastate franchise 
certificate. 



This 21st day of August, 1944. 



By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3161. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 245 

CENTRAL MOTORS FREIGHT LINES, INC. 

EXTENSION OF LEASE AND/OR SALE OF CENTRAL MOTOR 
FREIGHT LINES, INC., TO PIEDMONT TRUCKING COMPANY. 

Order 

Whereas, the Central Motor Freight Lines, Incorporated, leased to the 
Piedmont Trucking Company its franchise rights in Franchise Certificate 
No. 495 in lease dated February 23, 1942, and said lease was approved 
by the Commission in order dated February 24, 1942, for a period of two 
years beginning March 1, 1942, with an option to purchase at any time 
during the life of said lease. 

Now comes the Central Motor Freight Lines, Incorporated, and files 
an agreement with the Piedmont Trucking Corporation extending the life 
of said lease to the first day of March, 1946; therefore, it is 

Ordered, that the said lease agreement dated the 6th day of January, 
1944, by and between the Central Motor Freight Lines, Incorporated, and 
W. Clyde Lucas, Pearlie M. Lucas, and A. B. Cox, trading and doing busi- 
ness as the Piedmont Trucking Company, be, and the same is, hereby ap- 
proved; and it is 

Further Ordered, that there be entered upon the franchise certificate 
referred to by number above, issued by this Commission to the Central 
Motor Freight Lines, Incorporated, the following: 

"This certificate and all the rights herein contained has been leased 
with the approval of this Commission to the Piedmont Trucking Com- 
pany, Incorporated, for a period of time set out in a certain lease agree- 
ment dated January 6, 1944, and on file with this Commission," 
and it is 

Further Ordered, that if said option to purchase is exercised under 
the conditions set out in said agreement of January 6, 1944, then a new 
certificate shall be issued to the lessee and the certificate now outstanding 
in the name of the Central Motor Freight Company shall be cancelled. 
By Order of the Commission. 
This 3rd day of March, 1944. 

R. 0. Self, Chief Clerk. 
Docket No. 2544. 



246 N. C. Utilities Commission 

APPLICATION OF CHARLOTTE SUBURBAN LINES, INC., TO 
OPERATE FROM JUNCTION OF N. C. 29 AND COUNTY HIGHWAY 
189 VIA COUNTY HIGHWAY 189, TO THE JUNCTION OF COUNTY 
HIGHWAY 189 AND COUNTY HIGHWAY 205; THENCE VIA 
COUNTY HIGHWAY 205 TO DIXIE; THENCE FROM DIXIE TO 
SHOPTON VIA COUNTY HIGHWAY 18; THENCE TO N. C. 49 
VIA COUNTY HIGHWAY 211. FROM JUNCTION OF COUNTY 
HIGHWAY 34 AND N. C. 49 TO COUNTY HIGHWAY 2, VIA COUN- 
TY HIGHWAY 34, AND FROM THE JUNCTION OF N. C. 16 AND 
N. C. 51 TO PINEVILLE, VIA N. C. 51; THENCE TO U. S. RUBBER 
PLANT, VIA COUNTY HIGHWAY 33 AND 32. 

Order 
Appearances : 

For the Applicant: 

R. G. Cherry, attorney at law, Gastonia, N. C. 
Oscar Richardson, attorney at law, Monroe, N. C. 
For the Protestants: 
None. 
Hunter, Commissioner. This application, after due notice, came on for 
hearing on the 1st day of April, 1943. It appears from the testimony that 
the applicant herein is a corporation organized for the purpose of trans- 
porting employees to and from a plant located in Mecklenburg County en- 
gaged in manufacturing products essential to the war effort. There being 
no protests to the application, the nature and extent of the testimony will 
not be fully set out, but the demand and need for the proposed service was 
amply supported by oral testimony and exhibits offered, all of which are 
matters of record subject to inspection for legitimate purposes, and from 
which public convenience and neccesity clearly appears for the service pro- 
posed. 

It Is, Therefore, Ordered: 

1. That the application of the Charlotte Suburban Lines, Inc., for motor 
vehicle franchise rights to transport passengers over the routes and be- 
tween the points set out in the caption be, and the same is hereby, granted, 
and that the applicant's franchise certificate be amended accordingly upon 
compliance by the applicant with the law and the rules and regulations of 
the Commission with respect to filing rates, schedules, equipment speci- 
fications and insurance acceptable to the Commission. 

2. That no protestants having appeared, the order herein will become 
effective immediately upon notice to the Commission and upon compliance 
by the applicant with the provisions of the above paragraph of this order. 

This the 1st day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2859. 



Decisions and Adjustments of Complaints 247 

APPLICATION OF JOHN LOY t/a, CITY BUS COMPANY, OF HEN- 
DERSONVILLE, N. C, TO OPERATE AS MOTOR VEHICLE CAR- 
RIER OVER THE OLD ASHEVILLE HIGHWAY FROM HENDER- 
SONVILLE BY MOUNTAIN SANITARIUM TO FLETCHER, TO 
ASHEVILLE-HENDERSONVILLE AIRPORT, AND RETURN OVER 
SAME ROUTE. 

Order 

Appearances : 

For the Applicant: 

O. B. Crowell, Hendersonville, N. C. 
For the Protestant: None. 

Hunter, Commissioner. The application of John Loy, trading as City 
Bus Company, for motor vehicle franchise rights to transport passengers 
over the routes described in the caption came on for hearing at the County 
Courthouse at Hendersonville, North Carolina, on the 17th day of May, 
1943. 

The Atlantic Greyhound Corporation operates over U. S. Highway No. 25 
between Hendersonville and Asheville via Fletcher and, as appears from 
the testimony, renders ample and satisfactory service between Hender- 
sonville and Fletcher for passengers originating at either point and des- 
tined for the other. The applicant does not propose to transport passengers 
originating at Hendersonville destined for Fletcher, nor passengers origi- 
nating at Fletcher destined for Hendersonville, and amended his original 
application accordingly. The testimony offered in support of the applica- 
tion, as amended, well supports a finding of public convenience and neces- 
sity for the proposed service. The oral testimony offered was corroborated 
by a large number of letters, resolutions and petitions from interested 
parties at Hendersonville and the Mountain Sanitarium. It also appears 
from the testimony that the proposed routes are not presently served by 
any franchise carrier, and do not connect with the routes of the Atlantic 
Greyhound Corporation, except at Hendersonville and Fletcher. The sec- 
tions traversed are densely populated and will well support the service 
proposed. 

It Is, Therefore, Ordered: 

1. That the application of John Loy, trading as City Bus Company, for 
motor vehicle franchise rights to transport passengers over an unnum- 
bered county road, known as the Old Asheville-Hendersonville Road, from 
Hendersonville to Fletcher via Mountain Sanitarium; thence from Fletcher 
to the Asheville-Hendersonville Airport over an unnumbered county road, 
known as the Airport Road, and return, be and the same is hereby granted, 
subject to the applicant's proposed restriction as to the transportation of 
passengers between Hendersonville and Fletcher. 

2. That no protestants having appeared at said hearing or otherwise 
made themselves parties, this order will become effective and operations 
commenced thereunder upon compliance by the applicant with the rules 



248 N. C. Utilities Commission 

and regulations of the Commission and upon filing approved insurance 
coverage and equipment specifications. 
This the 4th day of June, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2812. 



APPLICATION OF CITY BUS LINES, INC., TO OPERATE OVER THE 
FOLLOWING ROUTES: 

Route 1: FROM HICKORY, N. C, DOWN HIGHWAY NO. 70 TO 
THE CORPORATE LIMITS OF THE CITY OF HICKORY; THENCE 
ON THE SPRINGS ROAD, AN UNNUMBERED HIGHWAY BY 
DEAL'S STORE AND CATAWBA COUNTY HOME OVER AN IM- 
PROVED ROAD, AN UNNUMBERED HIGHWAY TO CONOVER, 
N. C; THENCE FROM CONOVER, N. C, ON HIGHWAY NO. 16 
THROUGH THE TOWN OF MILLERSVILLE; THENCE TO TAY- 
LORSVILLE AND RETURN THE SAME ROUTE, A DISTANCE 
OF APPROXIMATELY 34 MILES EACH WAY. 

Route 2: FROM THE CITY OF HICKORY, N. C, WEST ON HIGH- 
WAY NO. 70 TO HILDEBRAN, N. C, THENCE ON AN UNNUM- 
BERED HIGHWAY TO HENRY RIVER, N. C, AND RETURN, A 
DISTANCE OF APPROXIMATELY 7 MILES EACH WAY. 

Route 3: FROM HICKORY TO MARLOWE'S MILL ON THE OLD 
SHELBY-HICKORY HIGHWAY; (THENCE ON HIGHWAY NO. 70 
EAST THROUGH THE CITY OF HICKORY TO ALLEN FRYE 
SCHOOL ON HIGHWAY 70 AND RETURN, A DISTANCE OF AP- 
PROXIMATELY 10 MILES EACH WAY.) 

Route 4: FROM HICKORY, N. C, ON ROUTE 127 THROUGH THE 
TOWN OF BROOKFORD TO THE INTERSECTION OF HIGHWAY 
127 AND HIGHWAY 10 ON THE NEWTON-SHELBY ROAD; 
THENCE TO THE INTERSECTION OF HIGHWAY 10 AND HIGH- 
WAY 18; THENCE OVER HIGHWAY 18 THROUGH THE TOWN 
OF TOLUCA TO SHELBY, AND RETURN, A DISTANCE OF AP- 
PROXIMATELY 38 MILES EACH WAY; AND FROM HICKORY, 
N. C, ON ROUTE 127 TO BETHLEHEM SCHOOL IN ALEXANDER 
COUNTY OVER HIGHWAY 127 AND RETURN, A DISTANCE OF 
APPROXIMATELY 10 MILES EACH WAY. 

Route 5: (FROM HICKORY, N. C, DOWN AN UNNUMBERED 
IMPROVED HIGHWAY TO STARTOWN) ; THENCE OVER HIGH- 
WAY NO. 10 BY THE BLACKBURN SCHOOL TO THE INTER- 
SECTION OF HIGHWAYS 10 AND 127 AT THE PROPST CROSS 
ROADS; THENCE FROM PROPST CROSS ROADS ON HIGHWAY 



Decisions and Adjustments of Complaints 249 

127 THROUGH THE TOWN OF BROOKFORD, N. C, TO THE CITY 
OF HICKORY; (THENCE THROUGH THE CITY OF HICKORY 
OVER HIGHWAY NO. 321 TO GRANITE FALLS AND RETURN, 
A DISTANCE OF APPROXIMATELY 28 MILES.) 

Route 6: FROM HICKORY, N. C, DOWN HIGHWAY 70 TO THE 
SPRINGS ROAD; THENCE DOWN THE SPRINGS ROAD TO THE 
INTERSECTION OF THE SPRINGS ROAD TO THE SANDY 
RIDGE ROAD; THENCE LEFT ON THE SANDY RIDGE ROAD, 
WHICH IS AN UNIMPROVED ROAD TO ECKARD'S STORE; 
THENCE RIGHT AT ECKARD'S STORE ON THE SANDY RIDGE 
ROAD BACK TO THE SPRINGS ROAD AT PROPST STORE; 
THENCE FROM PROPST STORE DOWN THE SPRINGS ROAD 
TO THE INTERSECTION OF SPRINGS ROAD AND HIGHWAY 
NO. 16, AND RETURN, A DISTANCE OF APPROXIMATELY 17 
MILES EACH WAY. 

(Note: The portions of the routes enclosed in parenthesis in Routes 
3 and 5 in the above docket were withdrawn at the hearing.) 

DOCKET NO. 2877— APPLICATION OF RUTHERFORD COUNTY 
TRANSIT COMPANY, INC., FOR FRANCHISE CERTIFICATE TO 
OPERATE FROM THE BUS STATION IN SHELBY, N. C, GOING 
OVER MARION ST. TO NORTH LaFAYETTE ST., THENCE OVER 

north Lafayette st. to grover st., thence over grov- 
er st., to n. c. 18 and over said highway to a point 
about nineteen miles from shelby, where it inter- 
sects with n. c. 10, thence over said highway to 
propst, n. c, where it intersects with n. c. 127, thence 
over said highway to hickory, entering on and run- 
NING OVER 12th ST. TO NINTH AVE., THENCE OVER SAID 
AVENUE TO THE BUS STATION. 

Order 

Appearances : 

Docket No. 2942 
For the Applicant: 

C. W. Bagby, Hickory, N. C. 
J. L. Murphy, Hickory, N. C. 

0. M. Mull, Shelby, N. C. 

For the Protestants: 

Frank C. Patton, Morganton, N. C, R. G. Cherry, Gastonia, N. C, 
and K. J. Kindley, Charlotte, N. C, for Queen City Coach Co. 

1. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corp. 

H. B. Campbell and C. W. Tillett, Law Building, Charlotte, N. C, 

for Rutherford County Transit Company. 
T. P. Pruitt, Hickory, N. C, for Rutherford County Transit Co. 
L. T. Hamrick, Jr., Shelby, N. C, for Lawndale Bus Company. 



250 N. C. Utilities Commission 

Docket No. 2877 
For the Applicant: 

Tillett & Campbell, Charlotte, N. C, and Thos. P. Pruitt, Hickory, 
N. C. 
For the Protestants: 
Joseph L. Murphy, Hickory, N. C, for City Bus Lines, Hickory, N. C. 
L. T. Hamrick, Shelby, N. C, for Lawndale Bus Company. 
R. G. Cherry, Gastonia, N. C, for Queen City Coach Co. 

Before Commissioners Johnson and Hunter. 

Hunter, Commissioner. The applicants herein seek motor vehicle fran- 
chise rights to transport passengers over the highways described in their 
respective applications as above set out. The application in Docket No. 
2877 was filed on March 18, 1943, and heard in Charlotte on July 12, 
1943. The application in Docket No. 2942 was filed on July 12, 1943, sub- 
sequently amended, and heard in Hickory on November 4, 1943. A pro- 
posed report and order by the Hearing Commissioner was waived by all 
parties in both cases and both applications heard before the Commission, 
in Raleigh, on February 18, 1944, upon the records and argument of 
counsel for the respective parties. 

Both applicants seek franchise rights over the same route between 
Shelby and Hickory. The other routes described in Docket No. 2942 are 
not in controversy. 

Upon consideration of all the testimony, briefs filed and argument of 
counsel for the respective parties, the Commission finds the following 
facts : 

1. That the applicant, Rutherford County Transit Company, is a fran- 
chise carrier operating in Rutherford County, serving Rutherfordton, 
Spindale, Forest City, Caroleen, Henrietta, Cliffside and other smaller 
towns and industrial plants in said county; that it also holds franchise 
rights and operates from Cliffside to Shelby over an unnumbered county 
road from Cliffside to Boiling Springs, thence over State Highway 150 
to Shelby; that it owns and operates four buses and has three other buses 
available, all of 24 to 35-passenger capacity; that it has been a franchise 
passenger carrier since July 1, 1942, has a net worth of approximately 
$10,000.00, is able to obtain such cash or credit as its needs require and 
has a satisfactory record as a franchise carrier. 

2. That the applicant, City Bus Lines, has operated in Hickory and vi- 
cinity as a passenger carrier since 1928, having heretofore operated on 
for-hire license tags and not as a licensed franchise carrier; that it is now 
and has been regularly operating over all the routes described in its present 
application with the exception of about 32 miles, its present operations 
including about 15 miles of the proposed route between Hickory and 
Shelby; that it has 25 bus drivers, 21 buses in operation, operates about 
100,000 bus-miles per month, transports approximately 170,000 passengers 
per month from which its gross receipts per month are approximately $10,- 
000.00; that its paid-in capital stock is $17,500.00 and its net worth about 
$50,000.00; that in July, 1943, the City of Hickory granted the applicant 
franchise rights over streets within the city limits and outside of the city 
for a distance of one mile. 



Decisions and Adjustments of Complaints 251 

3. That the Lawndale Bus Company is a franchise carrier and holds 
franchise rights and operates over the route in question between Shelby 
and Fallston, a distance of ten miles; that it operates three round trips 
per day between said points and offered testimony to the effect that its 
service meets the transportation needs between ■ said towns and that the 
proposed service by one or both of the applicants will impair its ability 
to serve. 

4. That the Atlantic Greyhound Corporation holds franchise rights 
and operates one or two round trips daily over State Highway 18 between 
Shelby and Morganton; that the proposed route will duplicate its line from 
Shelby to the intersection of State Highways 10 and 18, a distance of 18 
miles. It offered no testimony but proposed to provide any additional 
schedules required to meet reasonable demands for a service on its line, 
and to meet the schedules of other carriers at said intersecting highways 
and in this way provide service over the proposed route between Shelby 
and Hickory. 

5. That Queen City Coach Company holds franchise rights and operates 
a number of schedules between Hickory and Lincolnton, and also holds 
franchise rights and operates one round trip daily between Lincolnton 
and Shelby; that the Queen City Coach Company's present service between 
Hickory and Shelby requires a change of buses at Lincolnton, the distance 
between said points via Lincolnton, being 46 miles as compared with 37 
miles over the proposed route between Hickory and Shelby via Toluca and 
Fallston; that the Queen City Coach Co. and the City Bus Lines have en- 
tered into certain operating agreements which have been filed with and 
approved by the Commission in consequence of which there is no contro- 
versy between said carriers with respect to the application in Docket No. 
2942, said agreements not affecting the route in controversy between Hick- 
ory and Shelby. 

6. That the proposed route of 37 miles between Hickory and Shelby is 
now served by both Lawndale Bus Company and the Atlantic Greyhound 
Corporation between Shelby and Fallston, a distance of 10 miles, and 
by the Atlantic Greyhound Corporation alone from Fallston the inter- 
section of State Highways 10 and 18, a distance of eight miles, or to a 
point 18 miles from Shelby; that the City Bus Lines, while not a franchise 
carrier, operates over the proposed route from Hickory to the Banoak 
School, a distance of about 15 miles, leaving only about four miles of the 
proposed route without service of any kind. 

7. That the testimony clearly establishes a public demand and need for 
bus service between Hickory and Shelby over the proposed route; that 
there is no bus station at the intersection highways between Hickory and 
Shelby, and no facilities provided for changes from one bus to another 
between said points. 

Conclusions 

It does not appear that the duplications involved will greatly affect the 
Atlantic Greyhound Corporation. There is no bus station or shelter of any 
kind at the intersection of State Highways 10 and 18, and in such cases a 
duplication of service is expressly authorized by statute to the next point 
at which a bus station is maintained. G.S. 62-105 (f). Neither the Atlantic 



252 N. C. Utilities Commission 

Greyhound Corporation nor the Queen City Coach Company are in posi- 
tion to offer any practical relief in the instant cases. The former does not 
operate between the principal points involved, and the route of the latter 
is too circuitous, and requires a change at Lincolnton. 

It appears from the testimony that the proposed service will affect the 
Lawndale Bus Company to some extent between Shelby and Fallston. It 
concedes that service over the proposed route is needed, and suggests for 
its protection an operation with closed doors between Shelby and Fallston. 
Such a restriction does not seem to be in the public interest. The inter- 
ests of Lawndale Bus Company and the interests of the Atlantic Grey- 
hound Corporation can be protected, in part at least, by protecting their 
schedules rather than their routes. 

The real problem presented is whether a franchise should be granted 
to the Rutherford County Transit Company or to the City Bus Lines. In 
this connection the point is made, and not without some force, that the 
City Bus Lines has been engaged in illegal operations, in that it has per- 
formed the kind of service for which a franchise is required by law with- 
out first having applied for and obtained a franchise. The City Bus Lines 
contends that while it has operated without a franchise, it has operated 
upon for-hire license tags for which it paid the State in 1943 approxi- 
mately $4,000.00, which is about $3,000.00 less than the franchise taxes 
would have been for the business done during that particular year, but 
that during the many years it has operated it has paid the State more 
money for for-hire tags than it would have paid in franchise taxes if it 
had operated upon that basis. 

Notwithstanding the merits of the foregoing counter contentions, the 
City Bus Lines has served the Hickory area for many years, and is the 
local passenger carrier for that section. It is the carrier for the City of 
Hickory, and serves all the industrial plants of Hickory and vicinity, in- 
cluding some 15 miles of the proposed route. Its many routes in this vi- 
cinity, its equipment, schedules, connections and transfer privileges con- 
vince the Commission that it will better serve the needs of the traveling 
public, and service to the traveling public must be the determining factor. 

It Is, Therefore, Ordered: 

1. That the application of the Rutherford County Transit Company in 
Docket No. 2877 be, and the same is hereby, denied and dismissed. 

2. That the application of City Bus Lines in Docket No. 2942 for motor 
vehicle franchise rights over the streets and highways and between the 
points described in the caption be, and the same is hereby, granted, a 
franchise to be issued subject to the following conditions and restrictions: 

a. That this order shall not become effective until operating authority 
shall have been approved by the Office of Defense Transportation, as 
required by existing Federal regulatons. 

b. That operating rights shall be held and exercised under and sub- 
ject to the terms of the operating agreement entered into between said 
applicant and the Queen City Coach Company under date of August 17, 
1943, to the extent and subject to the rights of the Commission as set 
out in its order dated September 8, 1943, approving said agreement. 



Decisions and Adjustments of Complaints 253 

c. That schedules shall not be operated between the intersection of 
State Highways 10 and 18 and Shelby within less than 15 minutes in 
advance of the now existing schedules of the Lawndale Bus Company 
and the Atlantic Greyhound Corporation, except by agreement with said 
carriers, or upon an order of the Commission. 

d. That the applicant discontinue performing a common carrier service 
upon for-hire license tags. 

This the 11th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Dockets Nos. 2877 and 2942. 

DOCKET NO. 2877— APPLICATION OF RUTHERFORD COUNTY 
TRANSIT CO., INC., AND 

DOCKET NO. 2942— APPLICATION OF CITY BUS LINES, INC. 
Order Overruling Exceptions 

This cause now comes before the Commission upon exceptions as appear 
of record, filed by the Rutherford County Transit Co., Inc., to the findings 
and order made by the Commission in the above entitled proceedings, dated 
March 11, 1944. 

Upon consideration of said exceptions, and each of them, the same are 
hereby overruled. 



This the 8th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Dockets Nos. 2877 and 2942. 

CITY BUS LINES, INCORPORATED, HICKORY, NORTH CAROLINA. 

Order 

Whereas, this Commission issued an order dated March 11, 1944, grant- 
ing certain franchise rights to the City Bus Lines, Incorporated, of Hick- 
ory, North Carolina, after hearing, and said order, among other rights, 
granted to said applicant the right to operate between Banoak School in 
Catawba County and Shelby by Fallstown and return, a distance of 24 
miles, and the Office of Defense Transportation has turned this section of 
the application down and for that reason the applicant, the City Bus Lines, 
is unable to begin operation of said line within the time limits specified 
by law after the issuance of a certificate therein; therefore, it is 



254 N. C. Utilities Commission 

Ordered, that the issuance of a franchise certificate for this line be held 
in abeyance pending the final determination by the Office of Defense Trans- 
portation of the application, or until such time as the applicant in Docket 
No. 2942 presents the matter to this Commission for further action. 
This 12th day of May, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2942. 



DOCKET NO. 2950— APPLICATION OF CITY COACH COMPANY OF 
GASTONIA, TO OPERATE FROM NORTH BELMONT OVER N. C. 
273 TO BELMONT; THENCE FROM BELMONT OVER UNNUM- 
BERED COUNTY ROAD TO CRAMERTON, WHICH PARALLELS 
HIGHWAY NO. 74. THIS ROUTE CONNECTS BOTH ENDS OF 
PRESENT OPERATION. 

DOCKET NO. 3001— APPLICATION OF A. & C. BUS LINES, INC., 
OF CHARLOTTE FOR A FRANCHISE CERTIFICATE TO TRANS- 
PORT PASSENGERS OVER THE FOLLOWING HIGHWAYS AND 
BETWEEN THE FOLLOWING POINTS: (1) BETWEEN MOUNT 
HOLLY AND BELMONT, N. C, VIA OLD AND NEW N. C. 273; 
(2) BETWEEN NORTH BELMONT AND MT. HOLLY VIA PER- 
FECTION ROAD AND OLD GASTONIA ROAD VIA PER- 
FECTION ROAD AND ACME MILL, WHICH ARE UNNUMBERED 
COUNTY ROADS. 

DOCKET NO. 3004— APPLICATION OF CITY COACH CO., IN- 
CORPORATED, OF GASTONIA, FOR A FRANCHISE CERTIFI- 
CATE TO TRANSPORT PASSENGERS OVER THE FOLLOWING 
HIGHWAYS AND BETWEEN THE FOLLOWING POINTS: FROM 
NORTH BELMONT TO MT. HOLLY, N. C, OVER OLD COUNTY 
ROAD, A DISTANCE OF ABOUT THREE MILES. 

Order 
Before Commissioner Hunter. 
Appearances: 

A. C. Jones, Gastonia, N. C, representing City Coach Co. 
George B. Mason, Gastonia, N. C, representing City Coach Co. 
Charles W. Bundy, Charlotte, N. C, representing A. & C. Bus Lines, 

Inc. 
K. J. Kindley, Charlotte, N. C, representing Queen City Coach Co. 
L. B. Hollowell, Gastonia, N. C, representing Queen City Coach Co. 
I. M. Bailey, Raleigh, N. C, representing Atlantic Greyhound Corp. 

(Not present, but represented by K. J. Kindley.) 



Decisions and Adjustments of Complaints 255 

Hunter, Commissioner. The applications set out in the caption came 
on for hearing in Charlotte on the 8th day of November, 1943, being con- 
solidated by consent for the purpose of hearing. The Atlantic Greyhound 
Corporation and the Queen City Coach Company each filed petitions of 
intervention and protests as to the proposed operations between North Bel- 
mont and Belmont, and between Belmont and Gastonia, alleging the pro- 
posed operations between said points will duplicate the franchise rights 
of protestants for some distance and will establish competitive routes, 
particularly between Belmont and Gastonia, which will be injurious to the 
said protestants without serving any reasonable public demand or need. 
City Coach Company also filed a petition of intervention and protest in 
Docket No. 3001, alleging that the route therein described is a duplica- 
tion of its franchise rights in the area between Belmont and Mt. Holly. 
A. & C. Bus Lines, Inc., entered a verbal protest at the hearing to the 
applications in Dockets Nos. 2950 and 3004. 

A part of the section involved is served by the Atlantic Greyhound Cor- 
poration and the Queen City Coach Company, both of which operate be- 
tween Charlotte and Gastonia via Belmont. They now operate 33 round 
trips between said points and propose to increase existing service by 33 
additional round trips, subject to the approval of the Office of Defense 
Transportation. All schedules do not now, and will not, pass through the 
Town of Belmont, but with the proposed additional service 53 buses per 
day will pass through and stop at Belmont, all of which will operate be- 
tween Charlotte and Gastonia. 

The City Coach Company, whose home office is in Gastonia and whose 
operations are limited to Gaston County, has for many years rendered a 
local bus service in this section. It has been, and is now, the principal local 
franchise carrier serving the section of Gaston County east and northeast 
of Gastonia, which includes the towns Ranlo, Lowell, McAdenville, Cramer- 
ton, Mt. Holly and an industrial community known as North Belmont. 
It does not serve Belmont. Along its franchise routes in the section 
described are located about 35 textile plants. This applicant now seeks 
authority to extend its operaions from Cramerton through Belmont to the 
intersection of the North Belmont Road with State Highway No. 273 near 
Belmont Abbey College, which will connect its existing lines and make its 
service available to approximately 30,000 more people, including some 
10,000 employees. It also seeks authority to operate between North Bel- 
mont and Mt. Holly over the old road, so-called, which will also connect 
points on its existing routes and make its service available to some 8,000 
more people, including a large number of employees. It has 13 licensed 
buses of 25 to 40 passenger capacity. 

The A. & C. Bus Lines, Inc., is a franchise carrier with certain operat- 
ing rights north of Charlotte, in Mecklenburg County. It was chartered in 
April, 1942, and began operations as a franchise carrier in May, 1942. 
On August 2, 1943, the Town of Mt. Holly granted it rights for a period 
of 20 years to operate over the streets of said town, under which rights 
it began service on September 1, 1943. It does not hold a franchise cer- 
tificate from the Utilities Commission authorizing it to operate in any 
portion of Gaston County, but is now, and has been since September 1, 
1943, operating over the routes described in its present application in 



256 N. C. Utilities Commission 

Docket No. 3001 with the exception of the portion thereof between Belmont 
and the intersection of the North Belmont Road and N. C. Highway No. 
273, said intersection being just north of Belmont Abbey College. While 
the applicant holds no franchise certificate to operate over the routes 
described, its operations have been in good faith and with the knowledge 
of the Commission. It has used the usual bus tags and paid the usual 
franchise taxes of six per cent on gross revenue, as is required of fran- 
chise carriers. Even so, it has acquired no operating rights in Gaston 
County outside of the city limits of Mt. Holly, and now stands in the 
position of a new applicant for operating rights over the highways 
described in its application. It has six licensed buses in the two counties. 

The general area between Cramerton and Mt. Holly covered by said ap- 
plications is a veritable beehive of industrial activity. The number and 
size of textile plants located in this section, engaged primarily in the 
manufacture of goods and materials essential to the war effort, can only 
be appreciated by those who have visited the community. It cannot be 
visualized by description. 

Upon consideration of all the testimony the Hearing Commissioner is 
of the opinion that substantial public convenience and necessity has been 
shown for bus service over the highways described in each of the instant 
applications, and that said applicants are able, willing and otherwise quali- 
fied to render the service proposed in their respective applications. Why 
Belmont should not be served by one or both applicants does not appear. 
The Atlantic Greyhound Corporation and the Queen City Coach Company 
are likewise able, willing and qualified to meet all reasonable demands 
and needs for service between Belmont and Gastonia. 

That the existing and proposed operations of City Coach Company and 
A. & C. Bus Lines will result in competitive service and almost a complete 
duplication of service in the area between Belmont and Mt. Holly is obvious. 
There is no proposed duplication of service between Belmont and Gas- 
tonia, but competitive routes between said points are proposed, which 
may make it unprofitable and impracticable for the Atlantic Greyhound 
Corporation and the Queen City Coach Company to route additional bus 
schedules through Belmont, or to provide the proposed additional service 
between Charlotte and Gastonia. 

The extent to which existing franchise rights are affected, or may be 
affected in the future, and the extent to which such rights should be pro- 
tected under present conditions are matters of public interest. Competition 
between public utilities of the same class has not been found to be in the 
public interest. It is the policy of all the states, and the Federal Gov- 
ernment, and has been for many years, to regulate public utilities rather 
than promote competition between them. This policy has resulted in better 
service at less cost to the public. It has no other purpose. Absolute free- 
dom from competition does not exist, of course, and is not desired, but 
unless it is reasonably controlled regulation cannot be made effective. 
Capital has been, and is being, invested in the field of public utilities in 
the faith that such industries will not be subjected to both competition 
and regulation. We cannot have too much of both, and herein lies the prob- 
lem presented by the present applications. 



Decisions and Adjustments of Complaints 257 

The City Coach Company began operations in this area many years 
ago. It was encouraged to invest its capital there during the experimental 
stage of bus transportation. Its services have been reasonably satisfac- 
tory, as the testimony will show. As between it and a new operator in the 
field, it should be given a preference, other things being equal. While the 
need for local service is great in this particular section, and will doubtless 
increase during the war period, it is not believed to be reasonable to as- 
sume that existing transportation needs will continue after the war. It is 
too hopeful to assume that trains and buses will not again operate with 
less than a pay-load. Some elimination of bus service must necessarily 
follow the return of peace-time conditions, and it seems the part of cau- 
tion to grant new franchise rights over existing routes with some reason- 
able limitations. 

It Is, Therefore, Ordered: 

1. That the application of the City Coach Company for authority to 
transport passengers by motor vehicle (1) from the intersection of the 
North Belmont Road with State Highway No. 273 near Belmont Abbey 
College, over said Highway No. 273 to Belmont, and thence over an un- 
numbered county road to Cramerton, and return; (2) from North Bel- 
mont to Mt. Holly over old county road, and return, be and the same is 
hereby granted. 

2. That the application of the A. & C. Bus Lines, Inc., for authority 
to transport passengers by motor vehicle (1) from Mt. Holly to Belmont 
over old and new State Highway No. 273, and return; (2) North Belmont 
to Mt. Holly via Perfection Mill Road and old Gastonia Road by Perfec- 
tion Mill and Acme Mill, and return, be and the same is hereby granted, 
the rights herein granted to cease and determine at the expiration of six 
months after the declaration of peace between the United States and the 
countries with which it is now at war. 

3. That said applicants shall file new schedules with the Commission, 
so timed that the buses of both applicants will not be operated over the 
same highway in the same direction within less than 15 minutes of each 
other, except by mutual agreement, and the City Coach Company shall 
have the option of fixing the time of its schedules, all schedules of both 
carriers to be submitted to and approved by the Commission. 

4. That the fares of the City Coach Company between Belmont and 
Gastonia shall be the same as that approved by the Commission for the 
Atlantic Greyhound Corporation and the Queen City Coach Company be- 
tween said points, that the fares of City Coach Company and A. & C. Bus 
Lines shall be the same between the same points, and shall be submitted 
to and approved by the Commission. 

5. That this order and all the provisions thereof are made subject to 
the regulatory powers of the Office of Defense Transportation and subject 
to the right of the Utilities Commission, in its discretion, to change its 
order herein as it may find public needs to require. 

This the 3rd day of January, 1944. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. 0. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Dockets Nos. 2950, 3001, 3004. 



258 N. C. Utilities Commission 

APPLICATION OF K. HERMAN FULK t/a, CITY TRANSIT COM- 
PANY, FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER AS FOLLOWS: AFTER LEAVING CITY 
LIMITS TO CONTINUE ON NO. 311 TO OAK VIEW ROAD, TURN 
RIGHT AND CONTINUE ONE-HALF MILE BEYOND OAK VIEW 
SCHOOL; FROM INTERSECTION OF NO. 61 AND NO. 311 TO IN- 
TERSECTION OF NO. 62. 

Order 

Appearances : 

For the Applicant: 

T. J. Gold, Jr., High Point, N. C. 
No Protestants. 

Hunter, Commissioner. After due notice the City Transit Company of 
High Point, N. C, applied for motor vehicle franchise rights over the 
highways described in the caption, which said application came on for 
hearing as advertised on November 19, 1942. 

It appears from the testimony that the applicant is now a franchise 
carrier operating in the City of High Point and vicinity, and proposes 
to extend its service over U. S. Highway No. 311 for approximately two 
miles north of the City of High Point and about the same distance south 
of said city. In addition to the testimony of a number of witnesses to 
the effect that several thousand people live along the proposed routes, 
many of whom work in High Point and need and will use the proposed 
service, the application carries the endorsement of the High Point Cham- 
ber of Commerce and also the endorsement of the City of High Point. 

On the testimony the Commission finds public convenience and necessity 
of the service proposed, and, no protest having come to the attention of 
the Commission, it is, therefore, 

Ordered: 1. That the application of K. Herman Fulk, trading as City 
Transit Company for motor vehicle franchise rights to transport pas- 
sengers, (a) over U. S. Highway No. 311 from the city limits of High 
Point to the Oak View Road, thence over the Oak View Road to a point 
approximately one-half mile west of the Oak View School and return; 
(b) the point of intersection of U. S. Highway No. 311 with intersection 
of State Highway No. 61, over said Highway No. 61 to the intersection 
with State Highway No. 62 and return, be, and the same is hereby granted, 
the applicant's certificate to be amended accordingly upon presentation. 

This the 18th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2649. 



Decisions and Adjustments of Complaints 259 

APPLICATION OF K. HERMAN FULK t/a, CITY TRANSIT COM- 
PANY, FOR FRANCHISE CERTIFICATE TO OPERATE AS MOTOR 
VEHICLE CARRIER AS FOLLOWS: AFER LEAVING CITY 
LIMITS TO CONTINUE ON NO. 311 TO OAK VIEW ROAD; TURN 
RIGHT AND CONTINUE ONE-HALF MILE BEYOND OAK VIEW 
SCHOOL; FROM INTERSECTION OF NO. 61 AND NO. 311 TO IN- 
TERSECTION OF NO. 62. 

Order 

Appearances : 

For the Applicant: 

T. J. Gold, Jr., High Point, N. C. 
No Protestants. 

Hunter, Commissioner. After due notice the City Transit Company of 
High Point, N. C, applied for motor vehicle franchise rights over the 
highways described in the caption, which said application came on for 
hearing as advertised on November 19, 1942. 

It appears from the testimony that the applicant is now a franchise 
carrier operating in the City of High Point and vicinity, and proposes to 
extend its service over U. S. Highway No. 311 for approximately two miles 
north of the City of High Point and about the same distance south of 
said city. In addition to the testimony of a number of witnesses to the 
effect that several thousand people live along the proposed routes, many 
of whom work in High Point and need and will use the proposed service, 
the application carries the endorsement of the High Point Chamber of 
Commerce and also the endorsement of the City of High Point. 

On the testimony the Commission finds public convenience and necessity 
of the service proposed, and, no protest having come to the attention of 
the Commission, it is, therefore, 

Ordered: 1. That the application of K. Herman Fulk, trading as City 
Transit Company for motor vehicle franchise rights to transport passen- 
gers, (a) over U. S. Highway No. 311 from the city limits of High Point 
to the Oak View Road, thence over the Oak View Road to a point approxi- 
mately one-half mile west of the Oak View School and return, (b) from 
the point of intersection of U. S. Highway No. 311 with the intersection 
of State Highway No. 61, over said Highway No. 61 to the intersection 
of State Highway No. 62, and return, (c) from the intersection of State 
Highways Nos. 61 and 62 over said Highway No. 62 to its intersection 
with U. S. Highway No. 311, and return, be and the same is hereby granted, 
the applicant's certificate to be amended accordingly upon presentation. 

2. That the route described in (c) not having been included in the ap- 
plication filed with and heard before the Commission but subsequently 
added at the request of the applicant, the rights herein granted as to that 
portion of said route described in (c) will be held subject to the right of 
the Commission to modify or cancel the same upon complaint and after 
hearing. 



260 N. C. Utilities Commission 

3. That the original order entered in this cause on December 18, 1942, 
be and the same is hereby vacated and set aside and this order substi- 
tuted in lieu thereof as of December 18, 1942. 
This the 12th day of February, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2649. 



APPLICATION OF CITY TRANSIT COMPANY (OF HIGH POINT) 
FOR FRANCHISE CERTIFICATE FOR EXTENSION ON LINES 
ALREADY IN OPERATION AS FOLLOWS: 

1. EXTEND ALLEN-JAY SCHOOL LINE 1.7 MILES DOWN HIGH- 
WAY NO. 62. 

2. EXTEND ARCHDALE LINE 2 MILES DOWN HIGHWAY NO. 
311. 

3. BRANCH OFF ARCHDALE LINE TO SPRINGFIELD ROAD- 
CONTINUE TO HIGHWAY NO. 61—2 MILES, CONNECTING 
WITH ALLEN-JAY SCHOOL LINE. 

4. EXTEND FROM CITY LIMITS AT GREEN STREET OUT GREEN 
STREET EXTENSION TO KIVETT DRIVE OVER GREEN 
STREET EXTENSION AND RETURN. 

Order 
Appearances : 
For Applicant: 

Thomas J. Gold, Jr. and E. A. Wright, attorneys at law, High 
Point, N. C. 
No Protestants. 
Winborne, Chairman. This cause came on to be heard and was heard 
by Commissioners Johnson and Winborne on January 14, 1943, in the 
Hearing Room of the Commission in the City of Raleigh. 

Affidavit of publication of notice in the High Point Enterprise was duly 
filed by the applicant, showing that notice had been given to the public 
as required by law. 

The applicant offered in support of its application the following wit- 
nesses: Honorable Thomas Turner, Honorable Wade Renfrow, Mr. De- 
Roulac Hamilton, Messers. T. J. Sheets, J. B. Hill, R. A. Strickland, 
A. E. Chase, W. D. Wood, Herman Fulk and Mrs. Herman Fulk. 

The composite testimony of the witnesses named was that the City of 
High Point and environs is largely industrial; that many new industries 
had recently started as a result of the war, and that others had expanded 
for the same reason; that a large number of employees in these industries 
resided on the routes for which the extensions of the present intracity bus 
service were asked; that due to the rationing of gasoline and tires and 
the recent restrictions upon the operation of automobiles, that unless said 



Decisions and Adjustments of Complaints 261 

extensions were granted many of the employees in the aforesaid industries 
would be unable to get to their places of employment. 

From the high character of the witnesses above named and the posi- 
tiveness of their testimony as to the need for these various extensions, 
the Commission has no difficulty in reaching the conclusion, and does so 
find as a fact: 

1. That convenience and necessity has been clearly shown for each and 
all of the four extensions of the present City Transit Company, and 

2. That the applicant has proper equipment and is in financial position 
to provide the service. 

Wherefore, It Is Ordered, that the application, as set out in the caption 
hereof, be granted in full and that upon compliance with the rules and 
regulations of this Commission the present franchise certificates now held 
by the applicant be amended so as to include the four aforesaid extensions. 

This the 20th day of January, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2777. 



CITY TRANSIT COMPANY OF HIGH POINT. 
APPLICATION FOR FRANCHISE CERTIFICATE FOR EXTENSION 
OF EXISTING ROUTE FROM VILLAGE OF TRINITY AT THE 
END OF PRESENT LINE ONE MILE SOUTHWEST OVER HIGH- 
WAY NO. 62 AND RETURN OVER SAME ROUTE. 

Order 
Before the Full Commission. 
Appearances : 

For the Applicant: * 

T. J. Gold, Jr., attorney at law, High Point. 
E. A. Wright, attorney at law, High Point. 
This application for motor vehicle franchise rights to transport pas- 
sengers over the route described in the caption came on for hearing on 
the 25th day of February, 1943. The applicant now holds operating rights 
between High Point and the village of Trinity in Randolph County and by 
the present application seeks to extend said operating rights over State 
Highway No. 62 from Trinity to Farlow's Service Station, a distance of 
approximately one mile. 

From the testimony offered the Commission finds public convenience and 
necessity for the service proposed. It is, therefore, 

Ordered, that the application of K. Herman Fulk, trading as City 
Transit Company, for motor vehicle franchise rights to transport passen- 
gers over State Highway No. 62 from Trinity southwest approximately 
one mile to Farlow's Service Station, and return, be and the same is here- 



262 N. C. Utilities Commission 

by granted and that the applicant's franchise certificate be amended ac- 
cordingly. 

This the 16th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2852. 

APPLICATION OF JOHN L. AND P. GILMER, TRADING AS CITY 
TRANSIT LINES, WINSTON-SALEM, N. C, TO PURCHASE FRAN- 
CHISE CERTIFICATE NO. 528 WHICH IS IN THE NAME OF 
KATHRYN N. FULK, 714 BROOKSIDE DRIVE, HIGH POINT, N. C. 

Order 

This cause arises upon the application of the above party to purchase 
operating rights in Winston-Salem, N. C, from Mrs. Kathryn N. Fulk, 
High Point, N. C, it appearing to the Commission that Mrs. Fulk pur- 
chased and had transferred to her the operating rights of Mr. Harry 
Nutting, having the right to sell same, and that the purchase of said 
operation by Mr. John L. and P. Gilmer, trading as City Transit Lines, 
will supplement the operations in the vicinity of Winston-Salem, which they 
have recently inaugurated in the interest of the traveling public. 

It Is, Therefore, Ordered: 

That said transfer be made effective as of January 1, 1943, and that 
Franchise Certificate No. 528 be transferred to the purchase in the appli- 
cation, Docket No. 2839, when said applicant complies with all other pro- 
visions of the law. 

This the 19th day of January, 1943. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2839. 

APPLICATION OF COLONIAL BUS LINES TO OPERATE FROM 
WILTON TO OXFORD VIA N. C. 96. 

Order 
Before the Full Commission. 
Appearances : 
For Applicant: 

Ruark & Ruark, Raleigh, N. C. 

For Protestant: 

I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corporation. 

Johnson, Commissioner. The original application in this Docket No. 
2848 was to operate from Wilton to Oxford via N. C. 96; Louisburg to 






Decisions and Adjustments of Complaints 263 

Henderson via N. C. 39, and Henderson to Oxford via U. S. 158. Upon 
motion of Ruark and Ruark, attorneys for the applicant, that portion of 
the application from Louisburg to Henderson via N. C. 39, and Henderson 
to Oxford via U. S. 158 was withdrawn. The protestant, through its at- 
torney, I. M. Bailey, offered no objection to that portion of the application 
remaining, provided the franchise was limited for the duration of the 
emergency and six months thereafter. The applicant refused the offer of 
compromise by the Atlantic Greyhound Corporation and the Commission 
did not see fit to limit the franchise applied for for the duration of the 
emergency and six months thereafter. 

The applicant offered three public witnesses who live along the route 
applied for who testified that the route applied for ran through a thickly 
settled community where bus service was very much in need and that at 
the present time the citizens of this community were without public trans- 
poration. From the evidence offered the Commission is of the opinion that 
convenience and necessity was clearly shown. It is, therefore, 

Ordered, that the application of the Colonial Bus Lines to operate from 
Wilton to Oxford via N. C. 96 be, and the same is, hereby granted, and 
that certificate issue when applicant has complied with the law by filing 
insurance with this office in accordance with the law and the Commission's 
rules and regulations. 

This 6th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 2848. 

APPLICATION OF COLONIAL BUS LINES FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FROM 
WILTON TO OXFORD VIA N. C. 96; LOUISBURG TO HENDERSON 
VIA N. C. 39, AND HENDERSON TO OXFORD VIA U. S. 158. 

Order Overruling Exceptions 
This cause now comes before the full Commission upon exceptions ap- 
pearing of record filed by the Atlantic Greyhound Corporation to the 
order made herein, dated the 6th day of April, 1943. 

Upon reconsideration of the entire record and upon consideration of the 
briefs filed by the respective parties and the argument of counsel, the 
Commission is of the opinion and finds that the order made herein is sup- 
ported by the testimony and that the same is and will be in the public 
interest. It is, therefore, 

Ordered, that said exceptions filed in this cause by Atlantic Greyhound 
Corporation be and the same are hereby overruled. 
This 22nd day of June, 1943. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2848. 



264 N. C. Utilities Commission 

APPLICATION OF COLONIAL MOTOR FREIGHT LINE FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER OF FREIGHT FROM WINSTON-SALEM TO HIGH POINT 
TO ARCHDALE, GLENOLA, SOPHIA, AND ASHEBORO OVER 
U. S. 311, WITH RANDLEMAN AS OFF ROUTE POINT. 

Order Overruling Exceptions 

Exceptions as appear of record, having been filed in due time and heard 
before the full Commission on June 16, 1942, and upon consideration there- 
of, the Commission being of the opinion and finding that the testimony 
fully supports the order made herein and that the same should be made 
the findings and order of the Commission. 

It Is, Therefore, Ordered, that said exceptions, be and the same are 
hereby overruled. 

This the 13th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2447. 



APPLICATION OF COLONIAL MOTOR FREIGHT LINE, INC., HIGH 
POINT, N. C, FOR FRANCHISE CERTIFICATE TO OPERATE AS 
MOTOR VEHICLE CARRIER BETWEEN WINSTON-SALEM AND 
FAYETTEVILLE VIA HIGH POINT, ARCHDALE, LIBERTY AND 
SANFORD OVER U. S. 311, N. C. 62 AND U. S. 421 AND N. C. 87. 

Order Authorizing Operation Pending Hearing 

Whereas, the applicant, Colonial Motor Freight Line, Inc., a motor 
vehicle franchise carrier of High Point, N. C, has filed with the Com- 
mission on October 8, 1943, for motor vehicle franchise rights over the 
highways and between the points described in the caption, and 

Whereas, after due advertisement of notice the cause was set for hear- 
ing on November 9, 1943, December 7, 1943, and on January 4, January 
11, February 15 and April 4, 1944, and postponed in each instance at the 
request of one or more protestants for reasons assigned, and 

Whereas, since the last postponement on April 4, the Commission has 
received affidavits from fifty to sixty business houses along the proposed 
route, all shippers and receivers of freight, to the effect that the proposed 
service is greatly needed and urging favorable action on said application 
by the Commission, it is, therefore, 

Ordered: 1. That pending a hearing on the application at such time as 
may be found suitable to protestants the applicant be and is hereby granted 
authority to transport freight over the routes and between the points 
described in the caption. 

2. That the rights herein granted shall be construed as temporary and 
shall cease and determine upon a hearing and decision on the pending 



Decisions and Adjustments of Complaints 265 

application, the temporary rights herein granted to be exercised without 
prejudice to the rights of applicant or protestants. 
This the 8th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2994. 

LEASE AGREEMENT WITH OPTION TO PURCHASE BETWEEN 
J. A. MANNOOCH d/b/a, DANVILLE-DURHAM MOTOR FREIGHT 
LINES, LESSOR, AND PHILIP B. CUNNEFF AND JOHN CEPHUS 
FINCH d/b/a, DANVILLE AND DURHAM MOTOR FREIGHT 
LINES, LESSEES. 

Order 

J. A. Mannooch d/b/a, Danville-Durham Motor Freight Lines, as lessor, 
and Philip B. Cunneff and John Cephus Finch d/b/a, Danville and Durham 
Motor Freight Lines, as lessees, having entered into a lease agreement, 
duly executed on July 28, 1944, a copy of which has been filed with the 
Commission, by the terms of which the said lessor, owner of Franchise 
Certificate No. 312, and the owner of nine pieces of equipment consisting 
of tractors and trailers and certain office furniture, garage equipment 
and tools, located at said lessor's place of business in Danville, Virginia, 
has leased the same to the said lessees together with operating rights under 
said certificate for a period of ten years beginning on the said 28th day 
of July, 1944, at a rental of One Hundred ($100) Dollars per year with 
an option to purchase the same at any time during said term at the price 
of Fifteen Thousand ($15,000) Dollars, all subject to the approval of 
the Interstate Commerce Commission and the North Carolina Utilities 
Commission. 

It appearing to the Commission that said lessees are fit, able and will- 
ing to render the transportation service authorized by said franchise cer- 
tificate and to assume the duties and obligations therein imposed, and it 
further appearing to the Commission that said lease agreement and option 
to purchase is not against the public interest; it is, therefore, 

Ordered: (1) That the aforesaid lease agreement and option to purchase 
be, and the same is, hereby approved. 

(2) That Franchise Certificate No. 312 be delivered to the Commission 
to the end that said lease agreement and option to purchase be noted 
thereon. 

This the 26th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 3178. 



266 N. C. Utilities Commission 

APPLICATION, AS AMENDED, OF T. L. AND 0. M. DILLINGHAM, 
DOING BUSINESS AS DILLINGHAM BROTHERS, FOR FRAN- 
CHISE CERTIFICATE TO AUTHORIZE OPERATIONS AS A MO- 
TOR VEHICLE CARRIER OF PASSENGERS AND THEIR BAGGAGE 
BETWEEN ASHEVILLE, N. C, AND DILLINGHAM, N. C., AND 
POINTS INTERMEDIATE THERETO. 

Order 

Our tentative determination of this matter as reported and ordered on 
December 18, 1942, denied the authority sought by the applicant herein, 
T. L. and 0. M. Dillingham, doing business as Dillingham Brothers, to 
operate as a motor vehicle carrier of passengers and their baggage be- 
tween the terminal points of Asheville, N. C, and Dillingham, N. C, and 
points intermediate thereto over U. S. Highway No. 23 from Asheville 
to the intersection of that highway with N. C. Highway No. 695 near 
Stockville; thence from said intersection over N. C. Highway No. 695 to 
an intersection of that highway with the Dillingham Road; thence the 
Dillingham Road to Dillingham. 

Exceptions which were filed on behalf of applicant to our proposed 
order of December 18, 1942, came on for argument at our Hearing Room 
in Raleigh on February 2, 1943. In our former report which proposed 
to deny the authority herein sought by T. L. and 0. M. Dillingham, doing 
business as Dillingham Brothers, we recommend in Docket No. 2727, that 
W. L. and P. P. Dillingham, doing business as Barnardsville Bus Line, be 
authorized to conduct an operation over the route also applied for by the 
applicant herein, Docket No. 2772. Permanent authority has been extended 
to the Barnardsville Bus Line. 

After reconsidering the matter of the application of T. L. and 0. M. 
Dillingham, doing business as Dillingham Brothers, in the light of existing 
conditions with respect to the transportation of persons in relation to the 
current war emergency, it now appears that the public convenience and 
necessity will justify operation by the applicant herein for an indetermi- 
nate period of time to the extent of transporting passengers and their bag- 
gage originating at Dillingham and Democrat and any point between said 
towns when destined to Asheville or when destined to any point inter- 
mediate to Asheville. Also to transport passengers northbound from Ashe- 
ville and points between Asheville and Stockville including Stockville 
when such passengers are destined to Democrat or points beyond Democrat 
over the route hereinbefore specified in the direction of and including 
Dillingham. Further, the applicant is authorized to transport passengers 
locally between Stockville and Dillingham and all points intermediate 
thereto. 

The franchise certificate thus contemplated is of a temporary nature, 
the operations thereunder are to be conducted in accord with the time 
schedules and fares set out in Appendixes "C" and "D" attached hereto 
and made a part hereof. Termination of the authority thus granted will 
be dependent upon the extent to which abatement of emergency transpor- 
tation conditions may be affected by the progress of the war and by the 
manner in which the applicant responds to the conditions hereof and our 
rules and regulations governing the transportation of passengers by motor 
vehicle. 



Decisions and Adjustments of Complaints 



267 



It Is Ordered, that the application of T. L. and O. M. Dillingham, doing 
business as Dillingham Brothers, for authority to temporarily operate as 
a motor vehicle carrier of passengers and their baggage be, and the same 
is hereby granted to extent of and subject to conditions described in the 
foregoing report. 

This 6th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2772. 



268 



N. C. Utilities Commission 






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270 N. C. Utilities Commission 

APPLICATION OF DICKSON TRANSFER CO. FOR FRANCHISE 
CERTIFICATE TO OPERATE FROM CHARLOTTE TO GREENS- 
BORO VIA U. S. 29 AND ALL INTERMEDIATE POINTS; FROM 
SALISBURY TO MOCKSVILLE VIA U. S. 60 VIA COOLEEMEE 
ON N. C. 801; FROM MOCKSVILLE TO LEXINGTON OVER U. S. 
64; FROM LEXINGTON TO WINSTON-SALEM OVER U. S. 52. 

Order Overruling Exceptions 

Upon application, notice and hearing, an order was issued in this cause 
on May 6, 1942, denying the application. The applicant filed exceptions 
to said order, which exceptions came on for hearing before the full Com- 
mission on June 12, 1942. Thereafter, the applicant through counsel re- 
quested the Commission to defer ruling on said exceptions to the end that 
the parties involved might confer and agree upon certain operating rights 
for the consideration and approval of the Commission. It does not appear 
that any compromise or agreement between the parties has been consum- 
mated or is now under consideration, and the Commission being of the 
opinion and finding that the testimony fully supports the findings and 
order made herein, dated the 6th day of May, 1942, and the same should 
be made the findings and order of the full Commission, 

It Is, Therefore, Ordered, that the exceptions filed herein and heard 
on the 12th day of June, 1942, be and the same are hereby overruled. 

This the 13th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2481. 



DURHAM TRANSPORTATION CO. 

TRANSPORTATION OF WAR WORKERS FROM THEIR HOMES AND 
LIVING QUARTERS ON HIGHWAY NO. 15 BETWEEN THE CAMP 
BUTNER ENTRANCE AND WAR INDUSTRIES AND MANUFAC- 
TURING PLANTS IN THE CITY OF DURHAM. 

Order 

This Commission has had many requests from people living along High- 
way No. 15 between the Camp Butner entrance and the City of Durham 
to provide means of transportation for workers in plants with war con- 
tracts. This agitation was begun at the time of the application of the 
Durham Transportation Company to operate between the City of Durham 
and camp headquarters over Highway No. 15, and since the Durham 
Transportation Company has been authorized to transport passengers be- 
tween said camp headquarters and the City of Durham, and it has been 
revealed that the early morning buses return from the camp practically 



Decisions and Adjustments of Complaints 271 

empty and the late evening buses go to camp practically empty, demand 
has been made upon the Commission to grant authority to the Durham 
Transportation Company to carry work hands in the morning to Durham 
when it has room in its empty buses returning from the camp, and in the 
afternoon when its empty buses are returning to the camp. 

It is the desire of this Commission to cooperate in the fullest with the 
war industries in North Carolina in an endeavor to make it possible for 
the employees of such plants to be able to get to and from their homes 
to work in the greatest comfort possible. The changes in shifts at such 
plants have made schedules by intercity bus lines to serve this class of 
work rather impracticable. 

This matter has been given the fullest consideration by the Commission 
and it has been decided that this is probably the best service which can be 
rendered to these war industry workers living along Highway No. 15 and 
especially since these buses are being operated on a one-way schedule with 
ample capacity for their transportation; therefore, 

It Is Ordered, that for the duration of the war and not to exceed six 
months thereafter, the Durham Transportation Company is hereby au- 
thorized to pick up and transport on its return trip mornings from the 
camp to Durham war industry workers living along said Highway No. 15, 
and in the afternoon to pick them up in Durham and transport them home 
on its schedules which go to and from the camp, and 

It Is Further Ordered, that the Durham Transportation Company may 
begin this service immediately upon receipt of this order. 

This 9th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2360. 



APPLICATION OF DURHAM TRANSPORTATION CORPORATION 
FOR FRANCHISE TO OPERATE PASSENGER BUSES FROM 
DURHAM, OXFORD, ROXBORO AND CREEDMOOR TO AND FROM 
CAMP BUTNER IN DURHAM, PERSON AND GRANVILLE COUN- 
TIES. 

Order on Exceptions 

This matter again comes before the Commission for hearing upon the 
Exceptions filed by the Atlantic Greyhound Corporation on the 28th day 
of April, 1942, to the order of this Commission, dated April 7, 1942, issued 
April 28, 1942. 

Upon careful consideration of each and all of the Exceptions the Com- 
mission overrules and disallows all of said Exceptions, with the exception 
of that part of Exception 2, Sub-section c, which refers to the 5th para- 
graph of the said order of the Commission of April 28, 1942, numbered on 
the margin "2", and which reads as follows: "Said Atlantic Greyhound 



272 N. C. Utilities Commission 

Corporation shall operate no schedule between Durham and Camp Butner, 
except such schedules as it now operates or which it may hereafter- be 
authorized to operate between Durham and Henderson, N. C." 

It now appearing that the Durham Transportation Company has been 
given exclusive privilege by the camp authorities to operate shuttle service 
between Camp Butner and the City of Durham and that said service of 
the Durham Transportation Company is sufficient for the present needs 
of the camp, but that there is now a prospect of an enlargement of Camp 
Butner which may in the future necessitate the service of the Atlantic 
Greyhound Corporation from Camp Butner to Durham, there making con- 
nection for distant points, and in order to obviate the necessity of passing 
upon this matter again at some future date, the Commission hereby modi- 
fies its order issued in this cause on the 28th day of April, 1942, by strik- 
ing out the period at the end of the sentence above quoted and inserting 
in lieu thereof a comma, and adding the following words: "unless other 
services between Durham and Camp Butner are authorized by the Camp 
Butner authorities." And further strike out the word "schedule" in the 
quoted portion of the order of April 28, 1942, and insert in lieu thereof 
the word "services." 

Wherefore, It Is Ordered, that the order of this Commission, issued 
April 28, 1942, be and the same is hereby modified and amended as above 
set out. 

This the 11th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2360. 



APPLICATION OF DURHAM TRANSPORTATION CORPORATION 
FOR FRANCHISE TO OPERATE PASSENGER BUSES FROM DUR- 
HAM, OXFORD, ROXBORO AND CREEDMOOR TO AND FROM 
CAMP BUTNER IN DURHAM, PERSON AND GRANVILLE COUN- 
TIES. 

Order 

Whereas, by Order on Exceptions in the above entitled Docket, dated 
December 11, 1942, the Commission amended its order, dated April 7, 1942, 
issued April 28, 1942; and whereas, said amendment as appears in the 
order of this Commission of December 11, 1942, does not protect the rights 
of the parties as the Commission desires, the Commission hereby changes 
and amends said original order of April 7, 1942, and its order of De- 
cember 11, 1942, in respect to Exception 2, Sub-section 3, which refers to 
the 5th paragraph of the said order of this Commission of April 28, 1942, 
numbered on the margin "2", and which was amended in the order of this 
Commission, dated December 11, 1942, so that it shall read as follows: 
"Said Atlantic Greyhound Corporation shall operate no service between 
Durham and Camp Butner except such service as it now operates or which 



Decisions and Adjustments of Complaints 273 

it may hereafter be authorized to operate between Durham and Henderson, 
N. C, unless other services between Durham and Camp Butner are author- 
ized by the Camp Butner authorities and the service between Durham 
and Camp Butner outside of the camp area are approved by this Commis- 
sion upon hearing, if hearing is requested." 

Wherefore, It Is Ordered, that the order of this Commission, issued 
April 28, 1942, and dated April 7, 1942, and the order of this Commission, 
dated 11th day of December, 1942, are corrected and amended as above 
set out. And it is further ordered that since this amendment is made on 
the Commission's own motion that any party of record affected thereby 
shall have ten days from receipt of this order to file Exceptions thereto. 

This the 22nd day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2360. 



APPLICATION OF DURHAM TRANSPORTATION CORPORATION. 
DURHAM, N. C, FOR FRANCHISE CERTIFICATE TO TRANS- 
PORT PASSENGERS OVER THE FOLLOWING HIGHWAYS AND 
BETWEEN THE FOLLOWING POINTS: (1) FROM CITY OF DUR- 
HAM OVER GUESS ROAD FOR A DISTANCE OF ABOUT SEVEN 
MILES TO HUNT'S STORE AND FROM A POINT ON GUESS 
ROAD TO CRYSTAL LAKE WHICH IS ABOUT ONE-HALF MILE 
WEST OF GUESS ROAD; (2) FROM CITY OF DURHAM OVER 
OLD N. C. HIGHWAY 10, NOW U. S. HIGHWAY 70, TO BETHESDA, 
WHICH IS ABOUT FIVE MILES FROM DURHAM; AND THENCE 
OVER LEESVILLE ROAD FOR A DISTANCE OF ABOUT TWO 
MILES. 

Order 

Before Commissioner Johnson. 
Appearances : 
For Applicant: 

Marshall T. Spears, attorney, Durham, N. C. 
For Protestants: None. 
Johnson, Commissioner. This cause arises upon the application of Dur- 
ham Transportation Corporation to transport passengers over the routes 
set out in the caption. 

The evidence discloses that the applicant has been operating over the 
routes set out in the caption for a period of approximately two years 
hauling employees of various mills; and that the section traversed by 
these routes to be served by this franchise is a very thickly populated 
section in and around* the City of Durham ; that there is much need for 
franchise operation over the routes applied for. 



274 N. C. Utilities Commission 

It Is, Therefore, Ordered, that the application be granted and that a 
certificate be issued to the Durham Transportation Corporation when it has 
complied with the rules and regulations of this Commission. 
This 29th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3163. 



EAST TENNESSEE & WESTERN NORTH CAROLINA TRANSPOR- 
TATION COMPANY 

SURRENDER OF FRANCHISE NO. 181. 
Order 

This cause arises upon the surrender of the Intrastate Certificate No. 181 
of the East Tennessee and Western North Carolina Transportation Com- 
pany in Johnson City, Tennessee, effective March 31, 1942. 

We are advised in a letter dated September 18, 1942, by Mr. James H. 
Epps, Jr., attorney at law, of Johnson City, Tennessee, that the East 
Tennessee and Western North Carolina Motor Transportation Company 
filed its application with the Secretary of State of North Carolina in a 
letter dated May 13, 1942, withdrawing its domestication within this 
State; therefore, it is 

Ordered, that Certificate No. 161, dated November 1, 1939, has been 
cancelled by act of the East Tennessee and Western North Carolina Motor 
Transportation Company by its surrender and advice that it would not 
operate in intrastate service in the future; and it is 

Further Ordered, that a copy of this order be sent to the Department 
of Revenue. 

This 20th day of September, 1942. 

R. 0. Self, Chief Clerk. 

Docket No. 2995. 

DOCKET NO. 2674— APPLICATION OF C. A. FESPERMAN TO OPER- 
ATE AS MOTOR VEHICLE CARRIER OF PASSENGERS BETWEEN 
ROCKWELL AND SALISBURY VIA 152 TO MILLER'S STORE VIA 
COUNTY HIGHWAY THROUGH FAITH AND MIRROR LAKE. 

DOCKET NO. 2708— APPLICATION OF PIEDMONT COACH CO. TO 
OPERATE FROM INTERSECTION OF U. S. HIGHWAY 52 WITH 
HIGHWAY LEADING FROM FAITH VIA MIRROR LAKE; THENCE 
TO INTERSECTION OF N. C. 152 AT C. A. STIREWALT'S STORE; 
THENCE TO STIREWALT'S ESSO STATION; THENCE CROSS- 
ING ROWAN COUNTY LINE TO WADE FURR'S STORE; THENCE 
TO INTERSECTION OF N. C. 73 WITH THE FAITH HIGHWAY. 






Decisions and Adjustments of Complaints 275 

DOCKET NO. 2714— APPLICATION OF FAITH-KANNAPOLIS BUS 
CO. TO OPERATE OVER UNNUMBERED HIGHWAY KNOWN AS 
SALISBURY-MOUNT PLEASANT ROAD, FROM SALISBURY VIA 
FAITH TO STATE HIGHWAY 152 AND RETURN. 

Order 

Before Commissioners Johnson and Hunter. 

The applicants herein seek motor vehicle franchise rights over the same 
highway. Their applications were filed with the Commission in the order 
of their respective docket numbers. By consent said applications were 
consolidated for hearing and heard, in part, on July 31, 1942, and con- 
cluded on September 8, 1942. 

Appearances : 
For Applicants: 

C. A. Fesperman, Rockwell, N. C, for himself. 
Banks D. Thomas, Wadesboro, N. C, for Piedmont Coach Co. 
H. P. Taylor, Wadesboro, N. C, for Piedmont Coach Co. 
Walter W. Woodson, Salisbury, N. C, for Piedmont Coach Co. 
Luther T. Hartsell, Concord, N. C, for Piedmont Coach Co. 
George R. Uzzell, Salisbury, N. C, for Faith-Kannapolis Bus Co. 
For Protestants: 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Co. 
W. B. Umstead, Durham, N. C, for Carolina Coach Co. 
Hunter, Commissioner. For convenience the unnumbered highway in- 
volved in said applications will be referred to herein as the "Faith Road," 
the applicant in Docket No. 2674 as "Fesperman," the applicant in Docket 
No. 2708 as "Piedmont," the applicants in Docket No. 2714 as "Faith Line," 
and the Carolina Coach Company, protestant, as "Carolina." 
We find the following facts from the testimony: 

1. That the Faith Road leads from a point on U. S. Highway 52 three- 
tenths of a mile from the city limits of Salisbury through the Town of 
Faith in Rowan County and the Rimertown section in Cabarrus County 
to a point on State Highway 73 three and three-tenths miles east of Con- 
cord; that Piedmont holds franchise rights over said Highways 52 and 73 
and with rights over the Faith Road would have a direct line between 
Salisbury and Concord, both of which cities are now served by it; that 
the distance between Salisbury and Concord over the Faith Road and over 
U. S. Highway 29 and 29-A, over which Carolina holds franchise rights, 
is about the same, and Carolina contends that its line and the Faith Road 
are parallel and that the proposed service by Piedmont over the latter 
would result in competitive routes between Salisbury and Concord, and 
to that extent would encroach upon its franchise rights between said 
points. 

2. That the Faith Road intersects State Highway 152, leading from 
Rockwell to China Grove, at Shuping's Mill which is three miles west of 
Rockwell and seven miles east of China Grove, over which said highway 
the Parkway Bus Company operates as a franchise carrier; that both 
Fesperman and Faith Line propose to operate over the Faith Road from 
Salisbury to a point one-half mile south of Faith, then over an unnumbered 



276 N. C. Utilities Commission 

county road to Miller's Store which is located on State Highway 152 one 
and one-half miles west of Rockwell; that the Faith Line application, as 
amended at the hearing by withdrawing a part thereof, terminates at 
Miller's Store; that the Fesperman application proposes to provide service 
over said Highway 152 from Miller's Store to Rockwell, a town of about 
1,000 population. 

3. That the segment of the Faith Road between Highway 152 and Salis- 
bury, a distance of about eight miles, traverses a densely populated sec- 
tion, including the Town of Faith which has a population of 450 people, 
and is hard-surfaced from Faith to Salisbury, a distance of six miles; 
that the section traversed by said road is not presently served by any 
franchise carrier, and is not served by any contract carrier other than 
the Faith Line which operates one or more buses on Saturdays from 
Miller's Store through Faith to Salisbury, which said carrier gave as its 
reason for operating only on Saturdays that, "We have just not had any 
demand until right here in the past while about anybody wanting to get 
to Salisbury"; that all of the applicants herein offered testimony tending 
to show public convenience and necessity for the service proposed between 
Salisbury and State Highway 152, and we so find. 

4. That the segment of the Faith Road between Highways 152 and 73, 
a distance of thirteen miles, was described by Mr. Louis Peck, Division 
Engineer of the State Highway Commission, as "about a mile and a quar- 
ter of hard surface, ... a section of top soil road which has stone added 
on the steepest hills"; a section on which, "there is about two inches of 
stone on the road; ... a stretch of about a mile and a half that is rather 
narrow"; and another stretch as, "a very good top soil road"; that from 
this testimony and from the testimony of other witnesses to the effect 
that said road is an ordinary rough unimproved country road, we find that 
while it is passable the year-round for the type of vehicles that now use 
it, it is not in condition, as now constructed and maintained, to sustain 
regular, daily passenger bus service, and does not warrant the use of 
such equipment thereon under present limitations and restrictions imposed 
to conserve transportation facilities. 

5. That there is no urgent demand for public bus service over this seg- 
ment of the Faith Road, that comparatively few people living along the 
same work in either Salisbury or Concord, and that the evidence is not 
convincing that a sufficient number of people desire or will use the pro- 
posed service to justify the operation. 

6. That while the route between Salisbury and Concord, as proposed by 
Piedmont, may be considered in a very general way as parallel to the lines 
of Carolina between said points, they traverse such widely separated sec- 
tions that local travel would not be diverted from one to the other, and 
neither would through travel between said points over the route proposed 
relieve the congestion on Carolina's said lines, nor be of sufficient volume, 
when added to available local travel, to make the proposed route of Pied- 
mont feasible or useful. 

7. That Fesperman operates two passenger buses for Parkway Bus Com- 
pany, a franchise carrier, from Rockwell to Kannapolis over State Highway 
152 and U. S. Highway 29, and has three buses of his own, two of which 
are 31-passenger capacity and one 46-passenger capacity, all three of which 






Decisions and Adjustments of Complaints 277 

are now being operated by Fesperman on for-hire tags and as a contract 
carrier in the transportation of workers to Kannapolis from the section 
between Rockwell and Kannapolis, one of which said buses he proposes 
to use on the route described in his application; that Piedmont owns and 
operates eight buses of 25 to 33-passenger capacity on its existing fran- 
chise routes and is in a position to acquire others sufficient to meet its 
present and prospective needs; that the Faith Line owns and operates 
three buses of 31, 33 and 36-passenger capacity, respectively, all of which 
are now being operated on for-hire tags and under contract in the trans- 
portation of mill workers from the Faith section to Kannapolis, and ar- 
rangements have been made to lease an additional bus for use on the route 
proposed by said applicants; that all of said applicants have or can pro- 
vide equipment for the service proposed, and are all otherwise qualified 
to render the same. 

We conclude that public convenience and necessity exists for franchise 
rights over the section of the Faith Road north of State Highway 152, 
but not as to the section of said road south of said Highway 152; that 
only one franchise operator can survive on the business now available in 
the Faith section between Highway 152 and Salisbury, and that the appli- 
cation filed by Fesperman has promise of serving the greatest number 
of people, in that it proposes to provide substantially the same service 
proposed by the other applicants, and in addition thereto, will provide 
service to and from Rockwell over Highway 152. 

It Is, Therefore, Ordered: 

1. That the application of C. A. Fesperman in Docket No. 2674 for 
motor vehicle franchise rights to transport passengers from Rockwell to 
Miller's Store over State Highway No. 152; thence over an unnumbered 
county highway through Faith and Mirror Lake to Salisbury, and return, 
be and the same is hereby granted, franchise certificate to be issued ac- 
cordingly upon approval by the Commission of equipment and insurance 
coverage, as required by law and the rules of the Commission. 

2. That the application of the Piedmont Coach Company in Docket No. 
2708 be and the same is hereby denied. 

3. That the application of G. A. Jackson and W. M. Klutz, trading as 
Faith-Kannapolis Bus Company, be and the same is hereby denied. 

This 9th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Dockets Nos. 2674, 2708 and 2714. 



278 N. C. Utilities Commission 

APPLICATION OF FESPERMAN BUS COMPANY TO OPERATE 
FROM CONCORD OVER OLD CONCORD ROAD BY EBENEZER 
CHURCH TO BOSTIAN CROSS ROADS AT HIGHWAY 152; 
THENCE OVER NO. 29 (WITH CLOSED DOORS) TO KANNAPO- 
LIS. (AMENDED AT HEARING.) 

Order 
Appearances : 

For the Applicant: 

George Uzzell, Salisbury, North Carolina. 
For Protestants: 

Banks Thomas, Wadesboro, N. C, and H. P. Taylor, Wadesboro, 
N. C, representing Piedmont Coach Co. 
For Interveners: 

E. O. Woodie, West Jefferson, N. C, representing Parkway Bus 

Company. 
Arch T. Allen, Raleigh, N. C, representing Carolina Coach Co. 
Hunter, Commissioner. The application herein was filed with the Com- 
mission on September 9, 1942, and heard at Salisbury on October 30, 1942. 
The decision thereon was deferred from time to time because of pending 
applications filed by the applicant, the Piedmont Coach Company and the 
Carolina Coach Company involving all or portions of the same route here 
in question, which said applications have not been heard because of re- 
quests by one or more of the parties for continuances. 

At the call of the instant case for hearing, the applicant withdrew his 
request for franchise rights over U. S. Highway No. 29 from China Grove 
to Kannapolis, electing to operate over said highway under a lease agree- 
ment with the Carolina Coach Company, the present holder of franchise 
rights over said highway, which agreement has not been properly executed 
and filed with the Commission for approval. The applicant also elects to 
operate over State Highway No. 152 from Bostian Cross Roads to China 
Grove with closed doors, leaving for consideration the question of franchise 
rights over the old Concord Road from Concord to Bostian Cross Roads, 
the point at which said road intersects with State Highway No. 152. 

It appears from the testimony that the old Concord Road, known as the 
old Salisbury-Concord Road, is an unnumbered highway leading from 
Concord to Salisbury. The portion of said road here in question traverses 
a densely populated section. Seven churches and 157 homes are located 
along said road. Portions of it are hard surfaced, and it is all in condi- 
tion for use by buses throughout the year. Many people living along said 
road are employed in factories located at China Grove and Kannapolis, 
and are now transported to and from their places of employment by the 
applicant as a for-hire carrier. Public convenience and necessity for the 
proposed operation clearly appears from the testimony, and is not seriously 
controverted, if controverted at all, by the protestants. It also appears 
from the testimony that the applicant has the necessary equipment and 
is otherwise qualified to perform the service proposed. 
It Is, Therefore, Ordered: 

1. That the application of C. A. Fesperman, trading as Fesperman Bus 
Company, for motor vehicle franchise rights to transport passengers over 



Decisions and Adjustments of Complaints 279 

an unnumbered county road, known as the old Salisbury-Concord Road, from 
Concord to Bostian Cross Roads on State Highway No. 152, and return, 
be and the same is hereby granted, without prejudice, however, to pending 
applications for rights over the old Salisbury-Concord Road. 

2. That the applicant's right to operate over the franchise route of Park- 
way Bus Company, that is, from Bostian Cross Roads to China Grove over 
State Highway No. 152 with closed doors, as requested by applicant, be 
and the same is hereby approved, subject to the right of the Commission 
at any time to require said applicant to pick up and discharge passengers 
along said highway. 

3. That the applicant's right to operate over U. S. Highway No. 29 from 
China Grove to Kannapolis, the franchise route of Carolina Coach Com- 
pany, will be deferred until a duly executed agreement therefor shall have 
been filed with and approved by the Commission. 

4. That this cause having been heard by only one member of the Com- 
mission, the rights herein granted shall not be exercised until after the 
expiration of the time allowed by law for filing exceptions, and should 
exceptions be filed, then only upon the further orders of the Commission 
after hearing upon said exceptions. 

This the 15th day of June, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2756. 

APPLICATION OF FESPERMAN BUS COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER OF 
PASSENGERS FROM GOLD HILL OVER RIDGE ROAD (COUNTY 
ROAD) BY LIBERTY CHURCH; THENCE OVER MATTHEWS 
ROAD BY ST. MATTHEWS CHURCH TO THE BRINGLE FERRY 
ROAD (COUNTY ROAD); THENCE OVER THE BRINGLE FERRY 
ROAD TO SALISBURY. 

Order 
Appearances : 

For the Applicant: 

George R. Uzzell, Salisbury, North Carolina. 
For the Protestants: 
None appeared. 
Hunter, Commissioner. This cause having been heard at Salisbury on 
October 30, 1942, after due notice as required by law, and it appearing 
from the testimony that the service proposed will meet a public demand 
and need for transportation of industrial workers to and from their places 
of employment, and for the occasional transportation of others by reason 
of existing restrictions on the use of tires and gasoline. It also appears 
from the testimony that the applicant is now performing substantially 
the same service as a for-hire carrier, and that a change of status from 
that of a for-hire carrier to that of a franchise carrier will be more in 



280 N. C. Utilities Commission 

keeping with the law, and will better protect the traveling- public. It fur- 
ther appears that the service proposed will not unduly encroach upon 
the franchise rights of other carriers and that the same is unopposed. 
It is, therefore, 

Ordered: (1) That the application of C. A. Fesperman, trading as 
Fesperman Bus Company, for motor vehicle franchise rights to transport 
passengers from Gold Hill over Ridge Road (County Road) by Liberty 
Church; thence over Matthews Road by St. Matthews Church to the Bringle 
Ferry Road (County Road) ; thence over the Bringle Ferry Road to Salis- 
bury and return, be and the same is hereby granted. 

(2) That the operating rights herein granted shall be construed as 
emergency rights to cease and determine at the expiration of six months 
from the declaration of peace between the United States and the countries 
with which it is at war, certificate to issue upon compliance by the appli- 
cant with the rules and regulations of the Commission, particularly with 
respect to filing equipment specifications and insurance. 

This the 23rd day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2757. 

C. A. FESPERMAN t/a, FESPERMAN BUS COMPANY, Complainant, 
vs. W. M. KLUTTZ t/a, FAITH-KANNAPOLIS BUS COMPANY, 
Respondent. 

Order 
Appearances : 

George R. Uzzell, Salisbury, N. C, for the Complianant. 
Luther Hartsell, Jr., Concord, N. C, and Hayden Clement, Salisbury 
N. C, for the Respondent. 

Hunter, Commissioner. This is a proceeding instituted under the pro- 
visions of C. S. 2613 (q) wherein the complainant, C. A. Fesperman, a 
franchise carrier, seeks to restrain W. M. Kluttz, a contract carrier, from 
alleged unlawful transportation of passengers over the franchise route of 
complainant. The cause was heard at Concord on the 12th day of July, 
1943. 

The complainant holds franchise rights over certain highways in Rowan 
and Cabarrus Counties, including a highway which leads from Rockwell 
to Salisbury via Faith. He also operates in the same general area as a 
contract carrier, and in this capacity transports mill workers from the 
Faith section to and from their place of employment at Kannapolis, W. M. 
Kluttz, the respondent, holds no franchise rights but transports mill 
workers daily and regularly from the Rockwell and Faith sections to and 
from Kannapolis under some form of contract with said workers. Kluttz 
contends that he has an agreement with his regular passengers to trans- 
port them to Salisbury on Wednesdays and Saturdays for shopping pur- 



Decisions and Adjustments of Complaints 281 

poses, and under said agreement and for said purpose transports said 
passengers over the franchise route of C. A. Fesperman. 

Under date of March 26, 1943, after this action was instituted, the par- 
ties hereto entered into a written agreement, a copy of which was filed with 
the Commission, by the terms of which said W. M. Kluttz was authorized 
to operate one round trip to Salisbury on Wednesdays and not exceeding 
three round trips on Saturdays over the franchise route of the complainant 
with the right to take on and discharge passengers at certain designated 
points. This agreement was presented to the Commission in the form of 
a consent order but was never signed or approved by the Commission, for 
the reason that a bona fide contract operation, if that is what it was, did 
not require an agreement between said carriers or an order of the Com- 
mission. 

The testimony of the respondent himself is rather convincing that the 
service he renders in transporting passengers to Salisbury on Wednesdays 
and Saturdays is not under a bona fide contract within the meaning of 
the law. According to his testimony, he starts his bus for Salisbury with- 
out knowing what passengers he will transport in either direction. If any 
agreements are made with passengers for this service they are made by 
bus drivers with passengers as they present themselves along the route. 
On Saturday preceding the hearing on Monday the respondent operated 
five schedules to Salisbury, and only two passengers made advance ar- 
rangements for transportation on that date. Such is the testimony of 
the respondent, and is descriptive of an operation for which a franchise 
certificate is required by law. 

In Rutherford County Transit Company versus Ivey Drum, N.C.U.C. 
Report, 1941-1942, page 358, this Commission gave its interpretation of 
the law in a similar controversy between a taxicab operator and a fran- 
chise carrier. The following excerpts from the decision in the above case 
may be helpful to the respondent in this cause in bringing his operation 
within the law: 

"The laws of this State regulating and controlling motor vehicle pas- 
senger carriers do not define or classify taxicabs, but do plot out certain 
operations which require a franchise certificate, to wit: 'between cities, 
or between towns, or between cities and towns.' Section 2, Chapter 136, 
Public Laws of 1927. To the above, Section 2, Chapter 247, Public Laws 
of 1937, adds "or over a regular route.' If the operation is between dif- 
ferent cities and towns, or over a regular route, then a franchise cer- 
tificate must be obtained unless it comes under one of the following ex- 
ceptions: 

"A. Making casual trips on call, but not picking up passengers along 
the route. Sees. 1-q and 2, Ch. 136, P.L. 1927. Ch. 193, P.L. 1929. 

"B. Vehicles used exclusively for (1) transportation of school stu- 
dents from and to their homes, (2) transportation of persons to or from 
religious services. Sec. 2, Ch. 136, P.L. 1927. 

"C, Motor vehicles of seven-passenger capacity or less operated by 
the owner where cost is shared by neighbor fellow workmen between 
their homes and the place of regular daily employment, when operated 
for not more than two trips each way per day. Ch. 375, P.L. 1931. 
Sec. 2 (q-2), Ch. 407, P.L. 1937. 

"D. Motor vehicles used exclusively in the transportation of bona fide 
employees of an industrial plant to and from their places of regular 
employment; provided, that if a franchise operator shall furnish such 
transportation facilities to such mill or factory maintaining a residential 



282 N. C. Utilities Commission 

unit of one thousand inhabitants or more the foregoing exception shall 
not be operative. Ch. Ill P.L. 1935. 

"E. Non-franchise carriers operating under a bona fide contract. Sec. 
4, Ch. 247, P.L. 1937. The act does not define 'a bona fide contract', and 
we are not greatly assisted by the context, but it would seem to mean 
something more than the tacit agreement between carrier and passenger 
by the mere act of purchasing a ticket or boarding a bus. It certainly 
does not set at naught the more explicit provisions of the law. 

"We conclude that neither a taxicab operator, nor a contract passenger 
carrier, if there is any difference, is permitted under the law as it now 
stands to cruise around over established franchise routes for the purpose 
of picking up potential passengers of franchise carriers, nor are they 
permitted to operate between cities, between towns, between cities and 
towns, or over a regular route, unless they come within the exceptions 
above. All the public highways are open to licensed non-franchise car- 
riers of passengers, but only upon call for some special and individual 
transportation service, or upon a prearranged existing contract for a 
like service. 

"It cannot be the intent of the law to supervise, regulate and control 
motor vehicle franchise carriers as to rates, routes and schedules which 
they cannot fix in the first instance, or subsequently change, without 
the approval of the Utilities Commission, and to require them to provide 
bus terminal facilities, separate accommodations at the stations and 
on buses for white and colored passengers, carry their baggage without 
charge, carry insurance for the protection of passengers and the public, 
use transportation equipment which measures up to reasonable standards 
of safety, and then not protect them from competition by taxicabs or 
for-hire carriers operating over the same routes, between the same 
points, with no regulation, restraint or duty other than providing taxi 
tags for their automobiles and buses. The law does not sanction such 
inequities, and a transportation system could not survive under such 
conditions. 

As we understand the law, the respondent must either discontinue his 
operation to and from Salisbury via Faith or bring his operations within 
one of the foregoing exceptions. It is, therefore, 

Ordered: (1) That the respondent, W. N. Kluttz, his agents, servants 
and employees discontinue operating motor vehicles for the transporta- 
tion of passengers for compensation over the franchise route of C. A. Fes- 
perman, complainant, between Rockwell and Salisbury by Faith or over 
any portion of said route except in accordance with the foregoing excep- 
tions set out in Paragraphs A, B, C, D and E. 

(2) That each party hereto pay such costs as he may have incurred in 
this cause. 

(3) That unless exceptions are filed within ten days from receipt of this 
order, the findings and order herein will become effective as the findings 
and order of the full Commission and in the event exceptions are filed 
within the said period the effective date of this order be stayed as the 
Commission may direct. 

This the 24th day of August, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2878. 



Decisions and Adjustments of Complaints 283 

APPLICATION OF F. S. WINSLOW, DOING BUSINESS AS FRED'S 
TRUCK LINE, FOR FRANCHISE CERTIFICATE TO OPERATE 
AS MOTOR VEHICLE CARRIER FOR THE TRANSPORTATION 
OF TOBACCO AND OTHER TOBACCO MATERIALS OVER IR- 
REGULAR ROUTES IN THE STATE OF NORTH CAROLINA. 

Order Dismissing Application 

This cause having been called for hearing at Rocky Mount, North Car- 
olina, on the 17th day of June, 1943, pursuant to notice to the applicant 
and the applicant having failed to appear, it is, therefore, 
Ordered, that said application be dismissed. 
This the 25th day of June, 1943. 

Fred C. Hunter, Commissioner 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2592. 

APPLICATION OF T. A. CLARK AND L. F. BARNARD t/a, GATE 
CITY TRANSIT LINES, TO OPERATE: 

(1) FROM DAVIE AND MARKET STS. IN GREENSBORO, THENCE 
SOUTH ON DAVIE ST. TO S. ELM ST., THENCE ON SOUTH TO 
LEE ST., THEN WEST ON LEE ST., TO FIVE POINTS, THEN 
SOUTH ON ASHE ST. TO TERRELL ST., THEN WEST ON TER- 
RELL ST. TO FREEMAN MILL ROAD, THEN ON FREEMAN MILL 
ROAD TO GROOMETOWN ROAD TO KIVETT DRIVE, RETURN- 
ING BY SAME ROUTE. 

(2) OVER U. S. HWY. NO. 220 FROM THE CITY LIMITS OF 
GREENSBORO TO FAIRFIELD, THENCE OVER AN UNNUM- 
BERED COUNTY ROAD TO STATE RECREATION PARK, THENCE 
TO THE LEFT OVER AN UNNUMBERED ROAD TO GUILFORD 
NATIONAL PARK (OLD BATTLE GROUND), THENCE TO RIGHT 
OVER AN UNNUMBERED ROAD CROSSING THE RAILROAD 
ON AN OVERHEAD BRIDGE BY A PUMPING STATION AT LAKE 
BRANT TO HILLSIDE, THENCE OVER STATE HWY. NO. 150 
TO SUMMERFIELD AND RETURN OVER SAME ROUTE. 

Order 
Appearances: 

For the Applicant: 

L. F. Barnard, Greensboro, North Carolina. 

For the Protestants: 

T. W. Albertson, High Point, Route 2, for H. F. Moore, Interurban 

Bus Lines. 
W. P. Gilmer, Cox 1014, Winston-Salem, N. C, for Community 
Transit Lines. 

Hunter, Commissioner. This cause came on for hearing on September 
21, 1942, with respect to rights over the streets and highways described 
in Paragraph 1 of the caption. It appears from the testimony that other 
carriers operate over portions of said streets and highways and to such 



284 N. C. Utilities Commission 

an extent that additional service, if needed, should be provided by existing 
carriers. It also appears that the applicant at the time of said hearing 
had, and still has, idle equipment which is needed to relieve the demand 
for local transportation in the Greensboro area. 

Subsequent to said hearing said applicant proposed to withdraw his ap- 
plication as advertised and heard and substitute in lieu thereof operating 
rights over the highways described in Paragraph 2 of the caption. It ap- 
pears from information which has come to the Commission that the sub- 
stituted service now proposed is needed, and that the applicant has idle 
equipment sufficient to render the same and is otherwise qualified in all 
respects set out in the statute to render said service, and that same will 
not duplicate or encroach upon the franchise rights of any other existing 
carrier. It is, therefore, 

Ordered: (1) That the applicant be, and is hereby, allowed to withdraw 
his application for rights described in Paragraph 1 of the caption. 

(2) That the applicant be, and is hereby, granted temporary operating 
rights to transport passengers over U. S. Hwy. No. 220 from the city 
limits of Greensboro to Fairfield, thence over an unnumbered county road 
to State Recreation Park, thence to the left over an unnumbered road to 
Guilford National Park (Old Battle Ground), thence to right over an un- 
numbered road crossing the railroad on an overhead bridge by a pumping 
station at Lake Brant to Hillside, thence over State Hwy. No. 150 to Sum- 
merfield and return over same route; that said temporary rights having 
been granted without notice to the public or to other carriers and without 
formal petition, and hearing, the same shall terminate at the will of the 
Commission, and in all events shall cease and determine at the expiration 
of six months from the declaration of peace between the United States and 
the countries with which it is now at war, certificate to issue upon com- 
pliance by the applicant with the rules and regulations of the Commission 
and upon approval by the Commission, particularly with respect to filing 
equipment specifications, and insurance. 

This the 23rd day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2719. 

APPLICATION OF T. A. CLARK AND L. F. BARNARD t/a, GATE 
CITY TRANSIT LINES. 

Order 

This cause arises upon the application of the above partnership to ob- 
tain authority to operate in the vicinity of Greensboro over routes here- 
inafter outlined for the purpose of transporting persons to and from their 
work for the duration of the war. 

This application was made on July 23, 1942, and operation was begun 
in a small way under agreement to transport workers from the City of 
Greensboro to and from the several mills around and outside the corporate 



Decisions and Adjustments of Complaints 285 

limits. The applicant was advised to obtain authority from the City of 
Greensboro to operate over the streets inside the corporate limits. This 
application was made and granted by the city authorities, but the tire and 
gasoline rationing has reached the point that the applicant has been re- 
quested through solicitation from the citizens of the city, as well as offi- 
cials, to render service for the duration of the war that will permit anyone 
on the line to ride with the applicant over the route which it operates in 
order to render service to the workers. 

The applicant does not operate over the franchise line of any other car- 
rier to any great extent as most of the applicant's routes cross streets 
and highways now served by bus lines and the important service which 
the applicant furnishes is on side streets and roads where no service is 
now rendered by other carriers. The applicant has been operating these 
lines for several months exclusively for the transportation of factory 
work hands and is now of the opinion that some service can be rendered 
on these routes to persons who have no other transportation available for 
the duration. 

The routes over which applicant desires to operate are as follows: 

Beginning at Ham Town and runs north eight-tenths of a mile and turns 
right over Lee's Chapel Road; thence across railroad on overhead bridge 
turning right by Brightwood School to U. S. Highway No. 29; via U. S. 
Highway No. 29 over Summit Avenue Extension to bus stop at 108 North 
Davie Street near the center of Greensboro; thence on South Davie to 
South Elm Street via Blue Bell Manufacturing Company and three man- 
ufacturing plants of Burlington Mills and Carter Fabric Corporation; 
thence into Highway No. 220 south two and one-half miles; thence south- 
west over county highway to Sumner's School (this is a cross town route 
of approximately sixteen miles). 

Leave Greensboro at 108 North Davie; thence north two blocks, right 
one block over Mebane Street to Forbis Street; thence over Forbis Street 
three blocks to Washington Street; thence on Washington Street to Gor- 
rell Street extended; thence on McConnell Street to Franklin Boulevard; 
thence north over Franklin Boulevard to County Home; thence northeast 
over Huffins Mill Road, turn right; thence south to intersection of county 
road nine-tenths of a mile to No. 70; thence over U. S. No. 70 to County 
Home; thence left to Franklin Boulevard, returning over same streets 
heretofore mentioned to beginning. 

The Commission has considered the operation over the above routes in 
view of the fact that it has been under operation for work hands for a 
number of months and also in view of the fact that the operation is over 
streets and highways not served now by available transportation service, 
and, therefore, grants the application for the duration of the war and not 
to exceed six months thereafter, subject to the limitations in the law for 
issuing such authority for periods of three years at a time and such re- 
newal thereof as may be required by law. 

This 13th day of January, 1943. 

Stanley Winborne, Chairman 

By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2719. 



286 N. C. Utilities Commission 

APPLICATION OF GATE CITY TRANSIT LINES TO OPERATE 
FROM 108 N. DAVIE ST., GREENSBORO, N. C, AND RUNNING 
THENCE ON N. DAVIE ST. TO CHURCH ST.; THENCE ON 
CHURCH ST. TO E. BESSEMER AVE.; THENCE ON E. BESSEMER 
AVE. TO U. S. 220; THENCE ON U. S. 220 TO LAWNDALE AVE.; 
THENCE ON LAWNDALE AVE. TO A FILLING STATION AT A 
POINT JUST BEYOND GREENSBORO RECREATION PARK; 
THENCE LEFT TO GUILFORD BATTLE GROUND; THENCE VIA 
LAKE BRANDT AND HILLSDALE TO SUMMERFIELD AT THE 
INTERSECTION OF N. C. 150; THENCE ON N. C. 150 TO OAK 
RIDGE; THENCE ON N. C. 68 TO STOKESDALE AND RETURN- 
ING BY THE SAME ROUTE. 

Order 
Before Commissioner Hunter. 
Appearances : 

For the Applicant: 

Julius C. Smith, attorney at law, Greensboro, N. C. 
For the Protestant: 

H. G. Hudson, attorney at law, Winston-Salem, N. C, for Com- 
munity Transit Lines. 

Hunter, Commissioner. The application herein came on for hearing at 
the Courthouse in Greensboro on September 9, 1943. A decision thereon 
has been deferred because of pending applications in the same area and 
over some of the same highways here involved, it appearing that too much 
duplication of service is being proposed by the several applications over 
some of the highways ' between Summerfield and Stokesdale. Some rear- 
rangement of routes seems advisable, a matter which, if well taken by 
the carriers interested, may be adjusted by a conference between the Com- 
mission and said carriers. 

The present applicant now holds franchise rights between Greensboro 
and Summerfield over highways named in the caption. The instant appli- 
cation is for authority to extend present operating rights from Summer- 
field to Stokesdale via Oak Ridge, a distance of about 12 miles. The prin- 
cipal facts deduced from the testimony are as follows: 

The applicant operates five lines in the Greensboro section, and owns 
and operates 14 buses, nine of which are required in constant use, the 
other five being used as extras and as reserve. The proposed extension 
will require the use of one bus regularly and two buses at times. The 
applicant now has these buses. The distance between Stokesdale and 
Greensboro over the applicant's route, including the proposed extension, is 
approrimately 27 miles. The Commission takes notice of pending applica- 
tions of Northwestern Coach Company and Community Transit Lines for 
operating rights from Stokesdale to Greensboro via Oak Ridge and Guil- 
ford College, a distance of approximately 24 miles. It also takes notice 
of pending applications which completely duplicate the extension described 
herein. There is now no bus service over the proposed extension, or any 
part thereof, and no direct service between Stokesdale and Greensboro. 

About 1,000 people live in Summerfield and vicinity. About the same 
number live in the vicinity of Oak Ridge, and some 1,500 in the Stokes- 



Decisions and Adjustments of Complaints 287 

dale community. Approximately 100 people commute daily from both 
Summerfield and Oak Ridge to and from Greensboro, and about 150 from 
Stokesdale. Stokesdale has one of the largest, if not the largest, retail 
hardware stores in North Carolina. It has the only bank in this area, 
and is the banking town for the people of Summerfield and Oak Ridge. 
Two lumber plants are located there, and a number of mercantile estab- 
lishments. Oak Ridge Military Institute, an R.O.T.C. training school, is 
located at Oak Ridge. 

The testimony is most convincing that the section traversed by the pro- 
posed extension is in need of bus transportation, not only between the 
towns named, but from this area to Greensboro, a fact not controverted by 
the protestant. The problem presented is not only one of choice between 
applicants, but the granting of operating rights which will best unite the 
transportation system in this section and in a way that will give perma- 
nent and satisfactory relief. All the applications affecting the immediate 
section involved have not yet been fully heard by the Commission, but it 
now has a general over-all picture sufficient for a decision in the instant 
case, with certain reservations. 

It Is, Therefore, Ordered: 

That the application of L. F. Barnard and T. A. Clarke, trading as 
Gate City Transit Lines, for motor vehicle franchise rights to transport 
passengers over U. S. Highway No. 220 from Summerfield to the inter- 
section of State Highway No. 150; thence over said State Highway to Oak 
Ridge; thence over State Highway No. 68 to the intersection of U. S. High- 
way No. 158; thence over said U. S. Highway to Stokesdale, and return 
over same route, be, and the same is hereby, granted, the Commission 
reserving the right in its determination of other pending applications to 
grant additional franchise rights over the highways above mentioned; 
that the applicant's Franchise Certificate No. 538 be amended accordingly. 

This the 4th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2933. 



APPLICATION OF GATE CITY TRANSIT LINES TO OPERATE 
FROM 108 N. DAVIE ST., GREENSBORO, N. C, AND RUNNING 
THENCE ON N. DAVIE ST. TO CHURCH ST.; THENCE ON 
CHURCH ST. TO E. BESSEMER AVE.; THENCE ON E. BESSE- 
MER AVE. TO U. S. 220; THENCE ON U. S. 220 TO LAWNDALE 
AVE.; THENCE ON LAWNDALE AVE. TO A FILLING STATION 
AT A POINT JUST BEYOND GREENSBORO RECREATION PARK; 
THENCE LEFT TO GUILFORD BATTLE GROUNtf; THENCE 



288 N. C. Utilities Commission 

VIA LAKE BRANDT AND HILLSDALE TO SUMMERFIELD AT 
THE INTERSECTION OF N. C. 150; THENCE ON N. C. 150 TO 
OAK RIDGE; THENCE ON N. C. 68 TO STOKESDALE AND RE- 
TURNING BY THE SAME ROUTE. 

Order Overruling Exceptions 

In apt time exceptions as appear of record were filed to the findings and 
order made herein the 4th day of January, 1944, which said exceptions 
came on for hearing before the full Commission on the 4th day of Febru- 
ary, 1944, and upon consideration thereof the Commission does not find 
sufficient merit to justify vacating or modifying its former order. Said 
exceptions and each of them are hereby overruled. 

This the 14th day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2933. 



APPLICATION OF THE GATE CITY TRANSIT LINES TO OPERATE 
FROM GREENSBORO OVER U. S. 220, N. C. 150, AND N. C. 68 TO 
SUMMERFIELD, OAK RIDGE AND STOKESDALE, AND RETURN. 

Order Authorizing Suspension of Service 

It appearing to the Commission that the Gate City Transit Company 
was authorized to operate from Greensboro to Oak Ridge, Summerfield 
and Stokesdale over highways referred to in the caption pursuant to the 
order of this Commission in the above-entitled case issued on January 4, 
1944, and it further appearing to the Commission that the Office of De- 
fense Transportation denied the application of said Gate City Transit 
Lines to provide service over said route, the Office of Defense Transporta- 
tion having found that said service is unnecessary to the successful prose- 
cution of the war effort and the maintenance of essential civilian economy, 
a copy of its letter to the Gate City Transit Lines having been filed with 
this Commission, it is therefore 

Ordered: (1) That the Gate City Transit Lines be, and it is hereby, 
authorized to suspend service, if any, over said route between Greens- 
boro and Oak Ridge, Summerfield and Stokesdale from and after the date 
of this order until such time as it may obtain from the Office of Defense 
Transportation the necessary authority for such operation. 

(2) That the action of the Gate City Transit Lines in suspending service 
over said route in compliance with the direction of the Office of Defense 
Transportation shall not be construed as an abandonment of its franchise 
rights over said route — its right to resume service over said route upon 



Decisions and Adjustments of Complaints 289 

notice to the Commission after the removal of the aforesaid Office of De- 
fense Transportation restriction being especially reserved. 

This 28th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2933. 

PETITION OF L. F. BARNARD AND T. A. CLARKE t/a GATE CITY 
TRANSIT LINES, TO EXTEND OPERATIONS FROM THE CITY 
LIMITS OF THE CITY OF GREENSBORO TO ALAMANCE SCHOOL 
OVER CERTAIN COUNTY ROADS, AS HEREINAFTER OUT- 
LINED. 

Order 

This cause arises upon the above application to operate a bus route from 
108 N. Davie Street, Bus Terminal, going south on Davie Street via under- 
pass to South Elm Street; south on South Elm Street to West Lee Street; 
west on Lee Street to South Ashe Street; south on South Ashe Street to 
Fertilizer Road; east on Fertilizer Road via Fertilizer Plants to Asheboro 
Street; thence to Alamance Road; thence to Alamance School. Return 
same route to East Washington Street; east on East Washington Street 
to Forbis Street; north on Forbis Street to Mebane Street; Mebane Street 
to North Davie Street to Bus Terminal, an estimate of six and one-half 
miles each way. 

The applicants present evidence to the effect that they have been granted 
a franchise to operate over the streets of Greensboro as outlined in the 
application, and in addition thereto present a petition signed by more 
than five hundred prospective passengers who live in the neighborhood 
proposed to be served, setting forth in said petition the number of trips 
each expects to make per week from their homes to their work, and in 
addition thereto the hours which they will be required to leave home and 
the hours on which they expect to leave their work to return home. 

Applicants further propose a schedule to leave the city approximately 
every hour on the half from 5:00 A. M. to 11: :30 P. M., and to leave Ala- 
mance School, the southeastern end of the operation, approximately every 
hour on the hour from 6:00 A. M. to 12:00 midnight. The work hours of 
the persons who expect to travel in this territory are so staggered that 
it will probably take the schedules outlined therein to serve as they have 
requested. 

Applicants have filed their intention to charge a rate of ten cents cash 
anywhere between 108 North Davie Street and the Fertilizer Plant, or 
to sell twelve tickets for $1.00, and to charge a fifteen cents cash fare to 
all points beyond the Fertilizer Plant to and from the city, or twelve 
tickets for $1.50. No passengers are to be picked up on Duke Power Com- 
pany lines unless said passengers are going beyond the Duke Power Com- 
pany bus line limits. 



290 N. C. Utilities Commission 

At the beginning 1 of the war the Commission notified the bus companies 
that it foresaw a great demand for public transportation services within 
the areas around our manufacturing centers and that the Commission 
would expect companies already holding franchises to grant such service 
as would be possible for short and frequent schedules from city limits to 
points within reasonable distances of the city where employees commuted 
from their homes to their work in the cities, and where the existing bus 
companies could not render this service the Commission would be inclined 
to grant rights to other applicants seeking to render such service. Our 
bus companies are to be commended for the manner in which they have 
rendered this service but, of course, there has been a limit to their ability 
to render all such service. Therefore, a great many of the persons other 
than the bus companies holding franchises have assumed this responsi- 
bility and the applicant in this case is one of them, and has been operat- 
ing for some time rendering service to commuters from points outside of 
the City of Greensboro to factories and mills inside and around the said 
city. The applicants in this case have demonstrated their ability to suc- 
cessfully operate such service. 

The route to be served by this application touches only highways over 
which the Queen City Coach Company has franchises and the manner in 
which it does touch such roads is to cross them rather than to operate 
over them. The remainder of the roads to be served by this application 
does not now have public service and no franchises are outstanding over 
these roads. 

In granting applications of this character the Commission has estab- 
lished a policy of limiting same to the duration of the war and not to 
exceed six months thereafter, subject to motion or further action by the 
Commission. It appears from all the evidence presented in this case that 
at the present time there is ample justification for the granting of this 
application on the strength of the petition signed by prospective users of 
this line and the franchise authority granted to the applicants by the 
City of Greensboro, and upon investigation of this evidence and exhibits 
filed with the application the Commission is of the opinion that convenience 
and necessity will be served by the granting of same. 

Since this petition is being granted without formal hearing the Commis- 
sion reserves the right to cancel this authority upon notice of one or more 
days or to order that same be advertised and formally heard. Therefore, 
it is 

Ordered, that the petition be granted, subject to the above conditions, 
for the duration of the war and not to exceed six months thereafter, and 
that the petitioners be issued a certificate upon compliance with the law 
and the Commission's rules and regulations by filing schedules, rates and 
insurance. 



This 27th day of August, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2968. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 291 

APPLICATION OF E. O. WOODIE t/a GOLDSBORO TRANSPORTA- 
TION COMPANY (a) TO TRANSPORT PASSENGERS FROM 
GOLDSBORO TO AIRPORT AND ARMY CAMP TWO AND TWO- 
TENTHS MILES OUTSIDE THE CITY LIMITS TO THE ENTRANCE 
OF SAID AIRPORT AND ARMY CAMP OVER STATE HIGHWAY 
NO. Ill, (b) FROM GOLDSBORO TO THE AIRPORT AND ARMY 
CAMP ONE AND SIX-TENTHS MILES OUTSIDE OF THE CITY 
LIMITS TO THE ENTRANCE OF SAID AIRPORT AND ARMY 
CAMP OVER U. S. HIGHWAY NO. 70. 

Order 

The applicant herein having made application to the Utilities Commis- 
sion for operating rights over the highways and between the points de- 
scribed in the caption and having presented to the Commission a copy of 
a temporary license dated October 7, 1942, granted to the applicant by 
Col. Walter J. Reed, Commanding Officer of the Air Corps at the Golds- 
boro Field, which said temporary license authorizes the applicant to pro- 
vide certain transportation service into and out of the camp mentioned 
in the caption, and having also presented to the Commission a resolution 
adopted by the Board of Aldermen of the City of Goldsboro under date 
of May 18, 1942, requesting the military authorities to grant exclusive 
franchise rights for the transportation service contemplated in said appli- 
cation and requesting the Utilities Commission to consider and grant the 
same. Copies of said temporary license and resolution are on file with 
the Utilities Commission, and, it appearing to the Commission that said 
military authorities have declined to grant a similar license to any other 
carrier and presently desire the service contemplated by the applicant to 
the exclusion of other carriers, and the Commission finding from the facts 
presented to it that said service is needed, in deference to the wishes of 
said military authorities and the City of Goldsboro, it is hereby 

Ordered: 1. That the application of E. 0. Woodie t/a, Goldsboro Trans- 
portation Co., to transport passengers (a) from Goldsboro to the Airport 
and Army Camp two and two-tenths miles outside the city limits to the 
entrance of said Airport and Army Camp over State Highway No. Ill, 
(b) from Goldsboro to the Airport and Army Camp one and six-tenths 
miles outside of the city limits to the entrance of said Airport and Army 
Camp over U. S. Highway No. 70, be, and the same is hereby granted. 

2. That the rights herein granted be construed as temporary only, to 
cease and determine at the will of the military authorities in charge of 
said camp and that the rights herein granted over any highway or high- 
ways outside of the city limits of Goldsboro over existing routes of the 
franchise carriers shall be construed as a temporary permit with full 
right on the part of the Commission to cancel the same upon a hearing 
with notice to franchise carriers affected, certificate to be issued accord- 
ingly upon compliance with the rules and regulations of the Commission 



292 N. C. Utilities Commission 

with respect to service outside of the City of Goldsboro and outside of 
the camp area. 

This the 22nd day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2620. 



GOLDSBORO TRANSPORTATION COMPANY. 
Order 

Whereas, the North Carolina Utilities Commission issued an order 
dated December 22, 1942, granting certain franchise rights to E. O. Woodie, 
trading as Goldsboro Transportation Company; it now appears that this 
original operation has been incorporated under the name of Goldsboro 
Transportation Company, Incorporated; therefore, it is 

Ordered, that the certificate issued under said order in said case be issued 
to the Goldsboro Transportation Company, Incorporated, and that all other 
authority and rights in said certificate conform to the provisions of said 
order of December 22, 1942. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 31st day of August, 1943. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2620. 



THE OPERATION OF GRANVILLE TRANSPORTATION COMPANY 
BETWEEN OXFORD AND CAMP BUTNER OVER U. S. HIGHWAY 
15 VIA CREEDMOOR. 

Order 

To D. C. Hunt t/a, Granville Transportation Co., Oxford, N. C. 

Pursuant to advice from this Commission in its letter dated March 28, 
1944, a copy of which is hereto attached marked Exhibit "A", and upon 
further complaint from the Atlantic Greyhound Corp. by letter dated May 
1, 1944, including statements from Mr. M. H. Matthews, Mr. D. L. Stokes 
and Mr. D. P. Coghill, copies of which said letter and statements are 
hereto attached marked Exhibit "B", "C", "D" and "E", respectively, 

You are hereby directed to appear before the North Carolina Utilities 
Commission at its Office in the City of Raleigh at 11:00 A. M., on Tuesday, 
the 23rd day of May, 1944, and show cause, if any, why you should not 



Decisions and Adjustments of Complaints 293 

be required to discontinue operations over said U. S. Highway No. 15 be- 
tween Oxford and Camp Butner, and limit your operations in the future 
to your own franchise route between Oxford and Camp Butner via Provi- 
dence and Stem. 

This the 12th day of May, 1944. 

N. C. UTILITIES COMMISSION. 
Fred C. Hunter, Commissioner 

Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2345. 



THE OPERATION OF GRANVILLE TRANSPORTATION COMPANY 
BETWEEN OXFORD AND CAMP BUTNER OVER U. S. HIGHWAY 
NO. 15 VIA CREEDMOOR. 

Order 



Appearances : 

Benjamin W. Parham, Oxford, for Granville Transportation Company, 

Respondent. 
I. M. Bailey, Raleigh, for Atlantic Greyhound Corporation, Com- 
plainant. 
The above matter came before the Commission for hearing on June 7, 
1944, upon a Show Cause Order issued by Commissioner Fred C. Hunter, 
for the Utilities Commission, addressed to D. C. Hunt, trading as Gran- 
ville Transportation Company, Oxford, N. C, requiring the said Hunt to 
appear before the Commission and show cause, if any, why an order should 
not be issued by this Commission prohibiting the said Hunt from operating 
buses between Camp Butner and Oxford over Highway No. 15. 

Winborne, Chairman. 

On July 26, 1941, the said Hunt applied for a franchise for the Gran- 
ville Transportation Company to operate passenger buses from Oxford to 
Durham via Providence, Stem, Knap of Reeds and Bragtown. On Febru- 
ary 5, 1942, a franchise was ordered issued to the Granville Transporta- 
tion Company to operate passenger buses from Oxford to Camp Butner 
via Stem. After said franchise was issued and upon an investigation by 
this Commission, it was ascertained that the road by Stem was not in 
condition for bus service and the Commission granted to the said Gran- 
ville Transportation Company permission to operate with closed doors 
from Oxford to Camp Butner over the franchise route of the Atlantic 
Greyhound Corporation, over Highway No. 15 from Oxford to Creedmoor, 
and then from Creedmoor to Camp Butner, until the Highway by Stem 
was made suitable for bus service. 

Ever since the Granville Transportation Company began operating over 
Highway No. 15, complaints have been made to the Commission that the 
Granville Transportation Company had been violating the permission given 
it by the Commission by taking off and discharging passengers at various 
points between Creedmoor and Oxford, including Creedmoor. As a result 



294 N. C. Utilities Commission 

of these complaints, the Commission conferred with said Hunt and his 
attorney, Mr. Benjamin W. Parham, at which assurances were given by 
Mr. Hunt that said violations would cease, but complaints continued to 
be made to the Commission, which resulted in the Show Cause Order of 
May 12, 1944. 

When the said Hunt appeared before the Commission on June 7, in 
response to said order of May 12, an agreement was reached between said 
Hunt and the Atlantic Greyhound Corporation that this Commission should 
issue an order providing that the said Hunt should operate his buses be- 
tween Oxford and the entrance gate of Camp Butner with closed doors, 
and that hereafter if it were made to appear to this Commission by satis- 
factory proof that there had been any violation whatsoever of said closed 
door operation, then the said Hunt should immediately cease and desist 
from operating any of his buses over Highway No. 15 from Creedmoor to 
Oxford. 

Wherefore, It Is Ordered: 

1. That D. C. Hunt, trading as Granville Transportation Company, 
is hereby permitted to operate passenger buses from Oxford to the en- 
trance gate of Camp Butner over Highway No. 15 via Creedmoor with 
closed doors between Oxford and the entrance gate of Camp Butner, 
until the road from Oxford to Camp Butner via Stem is improved to the 
extent that passenger buses can be operated over it. 

2. That if the Commission is furnished satisfactory proof that the 
closed door operation herein permitted is in any respect violated, then 
the said Hunt, trading as Granville Transportation Company, shall im- 
mediately cease and desist the operation over Highway No. 15 between 
Oxford and Creedmoor, and 

3. That this cause is retained for further orders. 



This the 9th day of June, 1944. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : ♦ 

R. 0. Self, Chief Clerk. 

Docket No. 2345. 

APPLICATION OF GREAT SOUTHERN TRUCKING COMPANY TO 
OPERATE FROM CHARLOTTE TO WINSTON-SALEM, VIA 
MOORESVILLE, STATESVILLE, MOCKSVILLE, AND INTER- 
MEDIATE POINTS, OVER U. S. HIGHWAYS NOS. 21, 64 AND 158. 

Order Overruling Exceptions 

This cause now comes before the Commission upon exceptions as ap- 
pears of record, filed by the applicant to the findings and order made by 
the Commission, dated July 14, 1942. The Commission has carefully con- 
sidered said exceptions and each of them in the light of the argument of 
counsel for the applicant and for the protestants, and is of the opinion 
that the findings and order made by the Commission are well supported 
by the testimony in that the same is for the best interests of the public. 



Decisions and Adjustments of Complaints 295 

It Is, Therefore, Ordered, that the exceptions filed in this cause to 
the findings and order of the Commission be, and the same are, hereby 
overruled. 

This 31st day of December, 1942. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2627. 

APPLICATION OF GREAT SOUTHERN TRUCKING COMPANY OF 
CHARLOTTE TO OPERATE BETWEEN CONCORD AND ALBE- 
MARLE OVER N. C. HIGHWAY NO. 73, SERVING ALL INTER- 
MEDIATE POINTS AND TEXTILE MILLS LOCATED WITHIN 
FIVE MILES OF THE ROUTE SPECIFIED. (AMENDED AT HEAR- 
ING TO OMIT "LOCATED WITHIN FIVE MILES OF THE ROUTE 
SPECIFIED.") 

Order 
Commissioners Hunter and Johnson. 
Appearances : 

For the Applicant: 

Arch T. Allen, Raleigh, N. C, for Great Southern Trucking Com- 
pany. 
For the Protestants : 

I. M. Bailey, Raleigh, N. C, for Helms Motor Express, Miller Motor 
Express, Smith's Transfer Corporation. 

Hunter, Commissioner. The application herein came on for hearing be- 
fore the Commission in Raleigh on the 28th day of September, 1943. The 
protestants offered no testimony but suggested for the consideration of 
the Commission: (1) That the proposed service is not needed and would 
unnecessarily add to operating costs of truck transportation and thereby 
tend to increase rates. (2) That it would confuse rather than aid the 
transportation system of the State, in that the proposed service cannot be 
consistently maintained as a dependable service. (3) That it will indi- 
rectly take traffic from other carriers which serve the points involved 
through their connections. 

As an independent operation, the available business between Concord and 
Albemarle does not justify a franchise between said points, but the appli- 
cant now serves both of said points and in connecting them, as it pro- 
poses, it can effect economies in operation which will justify the franchise. 
It proposes to route certain of its Charlotte-Albemarle trucks by Mt. 
Pleasant and Concord which will add only about three miles to its present 
operation between Charlotte and Albemarle. According to the testimony, 
Mt. Pleasant is about eight miles from Concord and about 15 miles from 
Albemarle. It has a number of manufacturing plants which need daily 
transportation service which the applicant proposes to render, and which 
the Commission finds it can render without additional equipment and with 
no substantial additional cost. It now has no public transportation service, 
either truck or rail. The proposed operation will not only serve this point 
but will provide direct service between Concord and Albemarle. 



296 N. C. Utilities Commission 

It Is, Therefore, Ordered, that the application of Great Southern 
Trucking Company for authority to transport property by motor vehicle 
between Concord and Albemarle over State Highway No. 73, serving all 
intermediate points, be, and the same is hereby, granted, and that said 
applicant's franchise certificate be amended accordingly. 
This the 18th day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2974. 

APPLICATION OF GREENVILLE-BREVARD BUS LINE, EDWIN 
C. KING, OWNER. 

Order 

Application was made by the Atlantic Greyhound Corporation for au- 
thority to lease to Edwin C. King the right to operate from Greenville, 
South Carolina to Brevard, N. C, over Highway No. 276. It appears 
that Mr. King is operating in South Carolina and the Atlantic Greyhound 
Corporation has the franchise in this State between the South Carolina- 
North Carolina State Line and Brevard, and the agreement between the 
Atlantic Greyhound Corporation and Mr. King has been approved by this 
Commission. Therefore, operating rights are already held by him, there- 
fore it is 

Ordered, that the application be dismissed because of the agreement 
between the applicant and the owner of the franchise over Highway No. 
276. 

N. C. UTILITIES COMMISSION. 

Docket No. 2722. R. O. Self, Chief Clerk. 

APPLICATION OF ARCHIE RAY GRIFFIN OF FAIRMONT, TO 
TRANSPORT TOBACCO, UNMANUFACTURED TOBACCO AND 
TOBACCO MANUFACTURER'S ACCESSORIES TO ALL POINTS 
AND PLACES IN NORTH CAROLINA. 

Order Dismissing Application 

Pursuant to notice duly given, this cause was called for hearing in the 
Commission's Hearing Room in Raleigh, at 10:00 o'clock A. M., on Octo- 
ber 6, 1943, and the applicant having failed to appear or otherwise com- 
municate with the Commission, the application herein is Ordered Dis- 
missed. 

This the 6th day of October, 1943. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 
Docket No. 2636. 






Decisions and Adjustments of Complaints 297 

APPLICATION OF W. B. HARRISON, OLD TRAP, N. C, FOR FRAN- 
CHISE CERTIFICATE TO TRANSPORT PASSENGERS OVER THE 
FOLLOWING HIGHWAYS AND BETWEEN THE FOLLOWING 
POINTS: FROM ELIZABETH CITY TO CAMDEN OVER HIGH- 
WAY NO. 170; FROM CAMDEN TO OLD TRAP OVER HIGHWAY 
NO. 343. 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

Jack W. Jennette, Elizabeth City, N. C. 
For Protestant: 

J. K. Wilson, Elizabeth City, N. C, for Norfolk Southern Bus Cor- 
poration. 

Johnson, Commissioner. The applicant for some time has been in the 
business of transporting passengers from Elizabeth City to Old Trap and 
intermediate points without authority from this Commission. The evidence 
disclosed that he has been operating a Chevrolet automobile for the trans- 
portation of white passengers and a trailer attached to the automobile 
for the transportation of colored passengers. 

The Norfolk Southern Bus Corporation protested the granting of the 
application as applied for. However, the protestant agreed to withdraw 
its protest provided the applicant agrees that he will run with closed 
doors from Elizabeth City to the Post Office (as now located) at Camden, 
to which the applicant agreed and the protest was withdrawn. It is agreed, 
however, that passengers originating between Old Trap and Camden may 
be discharged at any point along this line. 

It Is, Therefore, Ordered, that the application be granted when the 
applicant has purchased equipment suitable for the transportation of pas- 
sengers and the equipment has been approved in writing by this Commis- 
sion, and upon the further compliance with all of the rules and regula- 
tions of this Commission. 

This 30th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 3119. 



APPLICATION OF HELMS MOTOR EXPRESS FOR TEMPORARY 
FRANCHISE RIGHTS BETWEEN ABERDEEN AND HOFFMAN, 
N. C, OVER HIGHWAY NO. 1. 

Order 

This cause arises upon the application of Helms Motor Express for 
temporary franchise rights for the duration of the war between Aberdeen, 
N. C, and Hoffman, N. C, over U. S. Highway No. 1. 



298 N. C. Utilities Commission 

The applicant states that the Federal Government is establishing an 
Army Camp at Hoffman, and because of this, much freight is moving be- 
tween Hoffman and various points on the line served by the applicant. 

The Commission is aware of the fact that the Government is establish- 
ing an Army Camp at Hoffman, and for that reason shipments by truck 
will be necessary for the proper maintenance of the said camp; therefore, 
the Commission is of the opinion that the service requested is necessary, 
and the Commission therefore finds convenience and necessity, and 

It Is Ordered, that the application be granted and that the certificate 
of the applicant be amended to include rights to operate between Aberdeen 
and Hoffman over U. S. Highway No. 1, as applied for, and 

It Is Further Ordered, that the applicant shall file rates with the 
Commission accordingly. 

This the 25th day of February, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2868. 

APPLICATION OF HELMS MOTOR EXPRESS TO TRANSPORT 
SHIPMENTS FROM COLLINS & AIRMAN MANUFACTURING 
CORPORATION, NORWOOD, NORTH CAROLINA, TO ROXBORO, 
NORTH CAROLINA. 

Order 

This cause arises upon the application of Helms Motor Express for 
authority to transport full truck-load shipments between the plant of 
Collins and Aikman Manufacturing Corporation, of Norwood, North Car- 
olina, to Roxboro, North Carolina, the same being goods used in the war 
emergency, and the applicant also desires authority to pick up less than 
truck-load shipments at Norwood for delivery to other carriers destined 
to points without the State, and since no truck line serves Norwood and 
Helms Motor Express home office is in Albemarle, a distance of approxi- 
mately fifteen miles south of Norwood, it appears after investigation that 
the applicant is the most convenient and best qualified operator to render 
this service; therefore, it is 

Ordered, that the Helms Motor Express be, and it is hereby, authorized 
to render the service applied for to Collins Aikman Manufacturing Cor- 
poration, Norwood, North Carolina, and that said authority is herein 
granted for the duration of the war and not to exceed six months there- 
after unless earlier consummated by the Commission. The Commission 
reserves the right to cancel the authority upon one day's notice. 

This 24th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3108. 



Decisions and Adjustments of Complaints 299 

APPLICATION OF J. WILBUR JONES d/b/a, JONES TRANSFER 
OF FAIRMONT TO TRANSPORT UNMANUFACTURED TOBACCO 
AND ACCESSORIAL COMMODITIES FROM ORIGINATING POINTS 
—FAIRMONT, LUMBERTON, WHITEVILLE, CHADBOURN, FAIR 
BLUFF, TABOR CITY, CLARKTON, TO DESTINATION POINTS 
AND PLACES IN NORTH CAROLINA ON THE ONE HAND, AND 
FROM DESTINATION POINTS AND PLACES IN NORTH CARO- 
LINA ON THE OTHER HAND; COTTON, OTHER THAN AB- 
SORBENT, CARDED, DYED OR SEA ISLAND, BETWEEN POINTS 
AND PLACES IN NORTH CAROLINA. 

Order 
Before the Full Commission. 
Appearances : 
For Applicant: 

G. S. Quillin, Fayetteville, N. C. 
For Protestants : 

Marshall T. Spears, Durham, N. C, for Burton Lines, Clay's Trans- 
fer, Forbes Transfer, Vance Trucking Co., Transport Corp. of 
Virginia, Martin County Transfer, Hardy's Transfer, Hennis 
Freight Lines, Barnes Truck Line," Collins Transfer, Henderson 
Bonded Lines, and Branch Transfer. 
Simms & Simms, Raleigh, N. C, for Norfolk Southern Railway 
Company. 

R. L. Askea, Wilson, N. C, for Britt Transportation Company and 
Smith's Transfer. 

Johnson, Commissioner. This cause arises upon the application of J. 
Wilbur Jones, d/b/a Jones Transfer of Fairmont, N. C, to transport 
unmanufactured tobacco and accessorial commodities from originating 
points: Fairmont, Lumberton, Whiteville, Chadbourn, Fair Bluff, Tabor 
City, Clarkton, to destination points and places in North Carolina on the 
one hand, and from destination points and places in North Carolina on 
the other hand; cotton, other than absorbent, carded, dyed or Sea Island, 
between points and places in North Carolina, and was heard before the 
full Commission in the Commission's Hearing Room in Raleigh, N. C, on 
March 24, 1944. 

The evidence showed that the applicant has been engaged in the trans- 
portation business since 1924 and that for the past fifteen years a large 
percentage of his business has been in the transportation of cotton and 
tobacco; during the tobacco season as much as 90% of his business being 
the transportation of tobacco. There was ample evidence as to the ap- 
plicant's financial ability to operate the franchise as applied for. The 
Commission is of the opinion that convenience and necessity has been 
shown. 

It Is, Therefore, Ordered, that the application be granted and the 
applicant is hereby authorized to operate as a motor vehicle carrier of the 
articles enumerated in the caption above, and that franchise certificate 



300 N. C. Utilities Commission 

be issued when the applicant has complied with the rules and regulations 
of this Commission. 

This 19th day of September, 1944. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 3071. 

APPLICATION OF KINSTON TRANSIT COMPANY TO OPERATE 
FROM KINSTON OVER U. S. HIGHWAY 258, OR OLD N. C. 12, 
TO A POINT DIRECTLY ACROSS THE ROAD FROM PAUL TAY- 
LOR'S RESIDENCE; THENCE OVER AN UNIMPROVED ROAD 
THAT IS NOW BEING SURVEYED FOR CONSTRUCTION, TO 
THE KINSTON AIRPORT, AS AMENDED. 

Order 

Before Commissioner Johnson. 

After due notice this case was called for hearing and heard at the City 
Hall in Kinston, North Carolina, on November 17, 1943, at 2:30 P. M. 

Appearances : 
For Applicant: 

F. E. Wallace, attorney at law, Kinston, N. C, for Kinston Transit 
Company. 
For Protestant: 

D. L. Ward, attorney at law, New Bern, N. C, for Seashore Trans- 
portation Company. 

Johnson, Commissioner. The application of Kinston Transit Company 
for franchise to transport passengers "over unimproved county road to 
U. S. Navy Airport, approximately six miles northwest of Kinston", was 
amended on motion of F. E. Wallace, attorney for the Kinston Transit 
Company, to read as follows: 

"From Kinston over U. S. Highway 258, or old N. C. 12, to a point 
directly across the road from Paul Taylor's residence; thence over an 
unimproved road that is now being surveyed for construction, to the 
Kinston Airport." 

D. L. Ward, attorney for protestant, after the motion was allowed to 
amend the application, withdrew the protest of Seashore Transportation 
Company. The Kinston Transit Company was permitted to offer its tes- 
timony with the understanding that Carolina Coach Company, which 
operates a franchise from Kinston to Snow Hill over U. S. 258, would, 
after due notice, be permitted to protest the application as amended and 
to offer evidence. 

The Commission contacted Mr. Arch T. Allen, attorney for Carolina 
Coach Company, who stated that they had no objection to the application 
as amended. 

There was ample evidence offered by the Kinston Transit Company to 
show convenience and necessity for public transportation from Kinston 






Decisions and Adjustments of Complaints 301 

to the Kinston Airport over the routes shown in the application as 
amended. 

It Is, Therefore, Ordered, that the applicant, Kinston Transit Com- 
pany be, and it is hereby, granted motor vehicle franchise rights to trans- 
port passengers over U. S. Highway 258 about three-fourths of a mile 
north of Kinston; thence over a highway now under construction, to the 
Kinston Airport and that franchise certificate be issued accordingly upon 
compliance by the applicant with the law with respect to filing insurance 
and equipment specifications. 

This 30th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2894. 



APPLICATION OF 0. S. HUNT, d/b/a LAWNDALE BUS COMPANY 
OF LAWNDALE, N. C, TO OPERATE AS MOTOR VEHICLE CAR- 
RIER OF PASSENGERS BEGINNING AT LAWNDALE; THENCE 
OVER AN UNNUMBERED HIGHWAY TO CAESAR; THENCE 
OVER HIGHWAY NO. 10 TO POLKVILLE; FROM POLKVILLE 
OVER HIGHWAY 26 TO OWEN'S SERVICE STATION; THENCE 
OVER AN UNNUMBERED HIGHWAY TO DOUBLE SHOALS; 
THENCE BACK TO OWEN'S SERVICE STATION; THENCE DOWN 
HIGHWAY NO. 26 TO SHELBY; FROM SHELBY OVER HIGH- 
WAY NO. 18 TO FALLSTON; FROM FALLSTON OVER HIGHWAY 
180 TO LAWNDALE. 

Order 

Before Commissioner Johnson. 
Appearances : 
For Applicant: 

L. T. Hamrick, Jr., attorney at law, Shelby, N. C. 
No Protestants. 

Johnson, Commissioner. This cause which came on for hearing on the 
9th day of April, 1943, arises upon the application of O. S. Hunt, d/b/a 
Lawndale Bus Company, for motor vehicle franchise rights to transport 
passengers over the highways and between the points described in the 
caption. 

The testimony offered by the applicant shows that there is no public 
transportation between the towns of Lawndale and Caesar, between 
Caesar and Polkville, between Polkville and Double Shoals, between Double 
Shoals and Shelby, and" between Fallston and Lawndale; that there are 
more than three thousand (3,000) people living along this route who do 
not have bus or other transportation facilities. The evidence, however, 
showed that from Shelby to Fallston, a distance of approximately eleven 
(11) miles, the Atlantic Greyhound Corporation operates a limited num- 



302 N. C. Utilities Commission 

ber of schedules each day, but these schedules are not sufficient to accom- 
modate employees now working at Lawndale or in Shelby living along 
this route. Convenience and necessity having been clearly shown, it is, 
therefore, 

Ordered, that the application of O. S. Hunt, d/b/a Lawndale Bus Com- 
pany, for motor vehicle franchise rights to transport passengers over the 
routes described in the caption be, and the same is, hereby granted; and 
that franchise certificate be issued to said applicant upon compliance 
with the law and the rules of the Commission with respect to filing in- 
surance, rates and schedules with and for the approval of the Commission. 

This 13th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2847. 



APPLICATION OF LAWNDALE RAILWAY AND INDUSTRIAL 
COMPANY FOR RESTRICTED MOTOR VEHICLE FRANCHISE 
RIGHTS TO TRANSPORT FREIGHT BETWEEN LAWNDALE 
AND SHELBY OVER N. C. HIGHWAYS 180 AND 18 VIA FALLS- 
TON, AND OVER N. C. HIGHWAY^ 180 AND 26 VIA POLKVILLE. 

Order 

Before Chairman Winborne and Commissioner Hunter. 
Appearances : 

For the Applicant: 

O. M. Mull, Shelby, N. C. 
For the Protestants: 
None. 

Hunter, Commissioner. This application for motor vehicle franchise 
rights to transport freight over the highways and between the points de- 
scribed in the caption came on for hearing in Raleigh on March 10, 1944. 
The applicant is a rail carrier, and owns and operates a narrow gauge 
railroad between Lawndale and Shelby, a distance of about eleven miles. 
As a matter of convenience and economy it proposes to discontinue rail 
service and to substitute truck service. It is a member of the Southern 
Freight Tariff Bureau, Southwestern Freight Bureau, Central Freight 
Association, Illinois Freight Association, Trunk Line Tariff Bureau, Trans- 
Continental Freight Bureau and Western Trunk Lines, and will continue 
to ship on rail bills of lading at rail rates, interchange with other rail 
carriers and use the same freight rates and divisions in effect and pub- 
lished by the above named freight bureaus for rail lines. It will not stop 
along the highway for the receipt or delivery of freight or serve points 
and places other than those now served as a rail carrier. 



Decisions and Adjustments of Complaints 303 

Upon consideration of all the testimony the Commission is of the opinion 
and finds that the substituted service proposed is and will be in the public 
interest and will not be in competition with or adversely affect motor 
vehicle franchise carriers. 

It Is, Therefore, Ordered, that the application of Lawndale Railway 
and Industrial Company for restricted motor vehicle franchise rights to 
transport freight over the highways and between the points described in 
the caption on rail bills of lading and at rail rates serving only the points 
and places it now serves as a rail carrier, be, and the same is hereby 
granted, and that a franchise certificate be issued accordingly upon com- 
pliance with the rules and regulations of the Commission with respect 
to filing equipment specifications and public liability and property damage 
insurance. 

This the 18th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3081. 

APPLICATION OF C. A. LEA TRANSPORTATION COMPANY FOR 
FRANCHISE CERTIFICATE TO EXTEND FRANCHISE FROM 
BURLINGTON TO GRAHAM AND SWEPSONVILLE OVER THE 
FOLLOWING ROUTE: BEGINNING AT ANTHONY ST. IN BUR- 
LINGTON; THENCE WITH CENTRAL HIGHWAY TO EASTERN 
CORPORATE LIMITS OF CITY, AS EXTENDED; THENCE ON 
CENTRAL HIGHWAY TO WESTERN CORPORATE LIMITS OF 
THE TOWN OF GRAHAM; THENCE TO HARDEN ST., GRAHAM; 
THENCE TO INTERSECTION OF NORTH MAIN ST., GRAHAM; 
THENCE TO GRAHAM COURTHOUSE AND ON SOUTH MAIN 
ST. TO SOUTHERN CORPORATE LIMITS OF GRAHAM; THENCE 
OVER N. C. 87 TO FORKS OF UNNUMBERED HARD SURFACE 
HIGHWAY AT BETHANY CHURCH; THENCE TO VILLAGE OF 
SWEPSONVILLE, AND RETURN OVER SAME ROUTE. 

Order 
Before Commissioners Hunter and Johnson. 
Appearances: 

For the Applicant: 

Thomas D. Cooper, attorney at law, Burlington, N. C. 
For the Protestants: 
None. 

Hunter, Commissioner. This cause, heard at Raleigh on February 29, 
1944, without protest, and the application of Alamance Coach Company 
in Docket No. 3030, heard in Graham on December 21, 1943, involve operat- 
ing rights over the same highway between Graham and Swepsonville. 
An order was issued by the Commission on January 5, 1944, granting the 



304 N. C. Utilities Commission 

Alamance Coach Company rights over said highway subject to approval 
of the Office of Defense Transportation. Upon advice that such approval 
was not obtained and that operations had not commenced, the Commission 
on March 24, 1944, issued an order directing said Alamance Coach Com- 
pany to appear before the Commission on April 7, 1944, and show cause, 
if any, why the Commission should not vacate the order of January 5, 
1944, granting operating rights to said applicant. Said applicant failed 
to appear as directed in said order and did not and has not otherwise com- 
municated with the Commission. 

The public demand and need for bus service between Swepsonville and 
Graham was carefully considered and the facts found with respect thereto 
upon said hearing of the Alamance Coach Company's application, as will 
appear by reference to the Commission's findings and order made in said 
cause. There being no opposition to the present application of C. A. Lea 
and the Alamance Coach Company having failed to qualify and begin 
service over the route in question, it is not deemed necessary to again 
set out the facts other than the explanation above given. 

It Is, Therefore, Ordered: 

(1) That the application of C. A. Lea, trading as C. A. Lea Trans- 
portation Company, for motor vehicle franchise rights over the streets and 
highways described in the caption be, and the same is hereby, granted and 
that the applicant's franchise certificate be amended accordingly. 

(2) That the rights herein granted shall be held and exercised subject 
to the right of the governing bodies of Burlington and Graham to change 
or designate schedules, routes and stops within the corporate limits of 
their respective cities as they may find the condition of the streets, con- 
gestion of traffic, safety and other necessary police regulations to require. 

(3) That the rights herein granted shall be exercised only after ap- 
proval by the Office of Defense Transportation, as required by Federal 
regulation. 



This the 17th day of April, 1944. 



By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3059. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



Decisions and Adjustments of Complaints 305 

APPLICATION OF J. S. MALLORY FOR FRANCHISE CERTIFICATE 
TO OPERATE AS MOTOR VEHICLE CARRIER FROM WILKIES 
STORE NEAR ASHEVILLE-HENDERSON AIRPORT OVER HOOP- 
ER CREEK ROAD TO THE MILLS GAP ROAD; THEN DOWN 
CANE CREEK ROAD TO TWEEDS CHAPEL; FROM TWEEDS 
CHAPEL OVER CONCORD ROAD BACK TO MILLS GAP ROAD 
ON TO BUSBEE AND THE SWEETEN CREEK ROAD TO ASHE- 
VILLE. 

Order 

Before Commissioner Hunter. 

This cause came on for hearing on September 29, 1942, at Asheville, 
N. C, after due notice as required by law. 
Appearances : 
Applicant : 

J. C. Joyner, attorney at law, Asheville, N. C. 
No Protestants. 

From the testimony offered at said hearing it appears that the appli- 
cant has for some months been operating as a contract carrier between 
the Asheville-Henderson Airport and Asheville over the route herein pro- 
posed and that the demand for service over said route has continued to 
increase from month to month and now justifies franchise rights for the 
better protection of the traveling public. It further appears from the 
testimony that the rights requested will not encroach upon the rights of 
other franchise carriers if schedules are properly spaced. In this con- 
nection it appears that the proposed 5:00 P. M. schedule out of Asheville 
precedes the schedule of Arden Stage Coach out of Asheville by ten min- 
utes and is, therefore, not approved. Said 5:00 P. M. schedule of the 
applicant should follow said schedule of Arden Stage Coach from twenty 
to thirty minutes to better serve the public and to avoid conflict between 
said carriers. 

No protest having been made to the proposed service at the hearing or 
brought to the attention of the Commission since the hearing, 

It Is Ordered: (1) That the application of J. S. Mallory for motor 
vehicle franchise rights to operate from Wilkies Store near the Asheville- 
Henderson Airport over Hooper Creek Road to the Mills Gap Road, thence 
down Cane Creek Road to Tweeds Chapel, thence from Tweeds Chapel 
over the Concord Road back to Mills Gap Road to Busbee and thence over 
the Sweeten Creek Road to Asheville and return, be, and same is hereby 
granted, certificate to be issued upon approval by the Commission of 
equipment specifications and insurance coverage. 

(2) That the rights herein granted cease and determine at the expira- 
tion of six months from the declaration of peace between the United States 
and countries with which it is now at war, but in no event to continue 
longer than three years as limited by law. 

This the 30th day of November, 1942. 

Stanley Winborne, Chairman 

By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2768. 



306 N. C. Utilities Commission 

APPLICATION OF J. S. MANN FOR FRANCHISE CERTIFICATE 
TO OPERATE AS MOTOR VEHICLE CARRIER OF COTTON, COT- 
TON SEED, PEANUTS AND TOBACCO FROM POINTS AND 
PLACES IN NORTH CAROLINA TO POINTS AND PLACES IN 
NORTH CAROLINA OVER IRREGULAR ROUTES. (AMENDED 
AT HEARING TO INCLUDE ONLY TOBACCO AND TOBACCO 
MATERIALS.) 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

J. S. Mann, Raleigh, N. C. 
For Protestants : 

Marshall T. Spears, Durham, N. C, Transport Corporation of 

Virginia. 
H. W. Miller, Durham, N. C, H. W. Miller Transfer Company. 
E. H. Perry, Henderson, N. C, Vance Trucking Company. 
N. P. Strause, Henderson, N. C, Vance Trucking Company. 

Johnson, Commissioner. From all the evidence offered by the applicant, 
J. S. Mann, it does not appear that the applicant has been engaged in the 
transportation of tobacco since 1938 with the exception of possibly two 
or three shipments; that he has been engaged in the transportation of 
lumber, cement blocks and other commodities. Convenience and necessity 
has not been shown by the evidence offered. It is, therefore, 

Ordered, that the application of J. S. Mann for franchise certificate to 
operate as motor vehicle carrier of tobacco from points and places in 
North Carolina to points and places in North Carolina over irregular 
routes be, and the same is, hereby denied. 
This 20th day of July, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2444. 

APPLICATION OF MARINE BUS COMPANY TO OPERATE FROM 
NEW BERN TO GRANTSBORO VIA 302 (NOW 55) ; THENCE TO 
MINNESOTT BEACH VIA N. C. 306. 

Order of Dismissal 

This case was heard before the Commission and order issued denying 
the application. Exceptions were filed by Attorney Harry McMullan, Jr., 
who now requests that same be not heard. 

Therefore, It Is Ordered, that the case be dismissed. 

This 18th day of November, 1942. 

N. C. UTILITIES COMMISSION. 

Docket No. 2223. R. O. Self, Chief Clerk. 



Decisions a*nd Adjustments of Complaints 307 

APPLICATION OF MARS HILL-WEAVERVILLE BUS LINE TO 
OPERATE FROM ASHEVILLE UNION BUS STATION VIA COL- 
LEGE STREET, LEXINGTON AVENUE, BROADWAY, TO N. C. 
63; THENCE VIA N. C. 63 TO WOODFIN; THENCE VIA BURNS- 
VILLE HILL ROAD TO NEW BRIDGE; THENCE FROM NEW 
BRIDGE VIA U. S. 19 AND 23 TO STOCKSVILLE; THENCE VIA 
N. C. 197 TO DEMOCRAT; THENCE CONTINUING 197 TO BAR- 
NARDSVILLE; THENCE VIA BIG IVY CREEK ROAD TO DIL- 
LINGHAM, AND RETURN OVER SAME ROUTE. 

Order 

This matter came before the Commission for consideration. Honorable 
Thomas L. Johnson appeared for the applicant and stated that he had an 
agreement with the protestants in the matter, which agreement is set 
out in a statement by Mr. Johnson in Dockets Nos. 2727 and 2772. There- 
fore, it is 

Ordered, that this application be, and it is hereby, dismissed subject 
to the agreement set out in Dockets Nos. 2727 and 2772. 

This the 14th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2783. 



BEFORE THE NORTH CAROLINA UTILITIES COMMISSION. 

IN THE MATTER OF PARTNERSHIP OF M. J. AND V. V. HOL- 
COMBE, DOING BUSINESS AS MARS HILL-WEAVERVILLE BUS 
LINE. 

Order 

The Mars Hill-Weaverville Bus Line is a partnership composed of M. J. 
Holcombe and V. V. Holcombe, and legal notice has been presented to the 
Commission to the effect that M. J. Holcombe is deceased and that Mrs. 
Annie Mae Holcombe, his wife, has been appointed administratrix of his 
estate, and by order of the Clerk of the Superior Court of Buncombe 
County, has been authorized to continue operation of the partnership with 
the surviving partner of the business known as the Mars Hill-Weaverville 
Bus Line in order that the said bus line may be continued as a going 
concern and may maintain its franchise thereby. 

In consideration of the order by the Clerk of the Court of Buncombe 
County, it is hereby 

Ordered, that Franchise Certificate No. 433, issued January 6, 1943, 
in the name of M. J. Holcombe and V. V. Holcombe, doing business as 
Mars Hill-Weaverville Bus Line, be amended so as to substitute the name 
of Mrs. Annie Mae Holcombe, administratrix of the estate of M. J. Hol- 
combe, for the name of M. J. Holcombe, deceased; and it is 



308 N. C. Utilities Commission 

Further Ordered, that the Mars Hill-Weaverville Bus Line partnership 
obtain and file with this Commission insurance in accordance with the 
amended name of said partnership. 

This the 23rd day of February, 1944. 

Fred C. Hunter, Commissioner 
By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3091. 

APPLICATION OF R. H. MAULTSBY d/b/a MAULTSBY MOTOR EX- 
PRESS, TO OPERATE FROM WILMINGTON OVER U. S. NO. 17 
TO SHALLOTTE AND INTERMEDIATE POINTS; THENCE OVER 
N. C. 130 AND 303 TO SOUTHPORT, AND OVER N. C. EXTENSION 
130 TO U. S. NAVAL BASE. 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

R. H. Maultsby, Wilmington, N. C. 
For Protestants: 

E. F. Middleton, Receiver for the Wilmington, Brunswick and 
Southern Railroad, Southport, N. C. 

Johnson, Commissioner. This is an application for motor vehicle rights 
to operate as carrier of freight from Wilmington over the routes set 
out above. 

This cause coming on to be heard on the 1st day of September, 1942, 
at the Courthouse in Wilmington, N. C. 

The route covered by the present application is now served daily by 
the Wilmington, Brunswick and Southern Railroad. The testimony of- 
fered by the applicant does not show the necessity for additional service 
over the proposed route. It appears that the present operator, Wilming- 
ton, Brunswick and Southern Railroad, is amply taking care of the de- 
mands. An additional franchise over the said routes would result in poor 
service rather than better service, for the reason that there is not sufficient 
business to justify two operations. It is, therefore, 

Ordered, that the application be, and it is hereby, denied. 

This 14th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2718. 



Decisions and Adjustments of Complaints 309 

APPLICATION OF MECKLENBURG BUS LINES, INC., OF CHAR- 
LOTTE, TO OPERATE TO HOODS CROSS ROADS, MINT HILL, 
ETC. 

Order Dismissing Application 

This application was set for hearing at 10 o'clock A. M. on Thursday, 
December 10, 1942, in the Commission's Hearing Room in the City of 
Raleigh, and the applicant and protestants were notified accordingly. 

The applicant having failed to appear at said hearing, or to communi- 
cate with the Commission, the said application is ordered dismissed. 

This the 11th day of December, 1942. 

N. C. UTILITIES COMMISSION. 

Attest: Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. 

Docket No. 2754. 

APPLICATION OF MECKLENBURG BUS LINES, INC., FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER FROM CHARLOTTE OVER U. S. 74 TO INTERSECTION 
OF COUNTY HIGHWAY 80, THENCE OVER NO. 80 TO ITS INTER- 
SECTION WITH COUNTY HIGHWAY 71, THENCE ON NO. 71 IN 
A SOUTHEASTERN DIRECTION TO ITS INTERSECTION WITH 
COUNTY HIGHWAY 70, HOODS CROSS ROADS, THENCE WITH 
COUNTY HIGHWAY 70 TO MINT HILL, THENCE FROM MINT 
HILL, EAST OVER NO. 70 TO ITS INTERSECTION WITH COUNTY 
HIGHWAY 98, BARTLETT'S STORE. THENCE, RETURN OVER 
NO. 70 TO MINT HILL, THENCE FROM MINT HILL OVER 
COUNTY HIGHWAY 70 TO INTERSECTION WITH COUNTY 
HIGHWAY NO. 7, THENCE WITH NO. 7 IN A NORTHWEST DI- 
RECTION TO ITS INTERSECTION WITH COUNTY HIGHWAY 
NO. 74, THENCE WITH NO. 74 TO ITS INTERSECTION WITH 
COUNTY HIGHWAY NO. 71, THENCE WITH COUNTY HIGHWAY 
71 TO ITS INTERSECTION WITH COUNTY HIGHWAY NO. 80, 
THENCE IN A WESTERN DIRECTION WITH COUNTY HIGH- 
WAY 80 TO ITS INTERSECTION WITH U. S. NO. 74, THENCE 
WITH U. S. NO. 74 TO THE CITY OF CHARLOTTE. 

Order 
Appearances : 

For the Applicant: 

James L. DeLaney, Charlotte, N. C, for Mecklenburg Bus Lines, Inc. 
For the Protestants: 

R. G. Cherry, Gastonia, N. C, and Oscar Richardson, Monroe, N. C, 
for Charlotte Suburban Lines, Inc., and Queen City Coach Com- 
pany. 

Hunter, Commissioner. After due notice, this application for motor 
vehicle franchise rights to transport passengers over the highways de- 
scribed in the caption, came on for hearing and was heard on the 1st day 
of April, 1943. Chairman Winborne and Commissioner Johnson did not 



310 N. C. Utilities Commission 

participate in the hearing of the cause but upon the facts found concur 
in the order herein. 

The testimony tends to show that the service contemplated by the appli- 
cant will accommodate a large area of Mecklenburg County, including the 
Town of Mint Hill, not presently served by any franchise carrier. This 
section is densely populated and a large number of people living in Mint 
Hill and along said proposed route, many of whom are engaged in es- 
sential war work, need transportation daily to and from Charlotte. The 
testimony further tends to show that the applicant is a corporation or- 
ganized for the purpose of providing the proposed service, has sufficient 
capital and equipment to adequately provide the same, and is otherwise 
qualified to meet the requirements of the Commission in performing the 
service. 

The protest of the Queen City Coach Company relates only to that por- 
tion of said route described in the application as U. S. Highway No. 74, 
the same being the franchise route of said protestant, and over which it 
operates some twenty-three schedules daily, a portion of which is also 
served by the Charlotte City buses of the Duke Power Company. The 
protestant contends that the present service over said highway is ample 
to meet all reasonable needs, and that if said application is granted the 
applicant should be required to operate with closed doors over said High- 
way No. 74. On the contrary, the applicant offered testimony tending 
to show that protestant's buses are loaded to capacity and cannot accom- 
modate those living in the suburbs of Charlotte along said highway, and 
that its schedules are not timed to meet local needs. 

It appears from the testimony that at the present time there is a need 
for additional service along said portion of U. S. Highway No. 74, and 
it does not seem practical under existing conditions to close the doors of 
an operator in a densely populated suburban area the greater portion of 
which is not served by local city buses. However, franchise rights should 
be protected, and proper precaution should be taken against the day when 
through sales, mergers, or other arrangements, local emergency operations 
may be woven into an intercity competitive transportation system. It is, 
therefore, 

Ordered: (1) That the application of the Mecklenburg Bus Lines, Inc., 
for motor vehicle franchise rights to transport passengers over the routes 
and between the points set out in the caption be, and the same is hereby, 
granted, subject to the right of the Commission at will upon thirty (30) 
days' notice to the applicant to close its doors over that portion of said 
route described as U. S. Highway No. 74, and in no event through sale, 
merger, transfer or other arrangement, shall said portion of said High- 
way No. 74 become a part of any intercity transportation service except 
upon formal application, notice, hearing and a finding by the Commission 
of public convenience and necessity therefor. 

(2) That a proper franchise certificate be issued to the applicant for 
the rights herein granted upon compliance by the applicant with the law 
and the rules and regulations of the Commission with respect to filing 
rates, schedules, equipment specifications and insurance acceptable to the 
Commission. 



Decisions and Adjustments of Complaints 311 

(3) That this cause having been heard by one member of the Commis- 
sion, this order shall not become effective or operations thereunder com- 
menced until further notice from the Commission after the expiration of 
the time for filing exceptions hereto, as provided by law. 

This 2nd day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2754. 



APPLICATION OF WILLIAM R. WILKINS d/b/a MOCKSVILLE- 
LEXINGTON BUS LINES, FOR AUTHORITY TO OPERATE AS A 
MOTOR VEHICLE CARRIER FROM MOCKSVILLE TO LEXING- 
TON VIA U. S. 64. 

Order 

Application in above cause having been filed with the Commission by 
William R. Wilkins, d/b/a Mocksville-Lexington Bus Lines, for authority 
to transport passengers over U. S. Highway 64 between Mocksville and 
Lexington; and it appearing to the Commission from letters filed by a 
large number of citizens and business firms in Mocksville and Lexington 
that an urgent and immediate need exist for the service proposed and 
that temporary operating rights should be allowed, pending the hearing 
of the cause, there being no common carrier service over any portion of 
said route; and it further appearing to the Commission that the Atlantic 
Greyhound Corporation has a prior application pending before the Com- 
mission for authority to operate over the same route and between the 
same points as will appear by reference to Docket No. 1796 and that said 
Atlantic Greyhound Corporation has by letter dated September 17, 1943, 
indicated its purpose to offer no objections to the issuance of temporary 
authority to the applicant herein, subject to such limitations as to time 
as the Commission may find proper. 

It Is, Therefore, Ordered, that the application of William R. Wilkins, 
d/b/a Mocksville-Lexington Bus Lines, to transport passengers by motor 
vehicle over U. S. Highway 64 between Mocksville and Lexington, be, 
and the same is hereby granted, pending a formal hearing of the cause, 
but subject to the following conditions: 

1. That the applicant comply with the rules and regulations of the Com- 
mission, particularly with respect to filing equipment specifications and 
acceptable liability and property damage insurance with the Commission 
covering all vehicles to be used before beginning operations. 



312 N. C. Utilities Commission 

2. That the rights herein granted be modified or vacated by the Com- 
mission in its discretion upon complaint to the effect that the rights of 
the others have been adversely affected by the order herein. 
This the 18th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2973. 



APPLICATION OF W. R. WILKINS t/a MOCKSVILLE-LEXINGTON 
BUS LINE, TO OPERATE AS MOTOR VEHICLE CARRIER FROM 
MOCKSVILLE TO LEXINGTON VIA U. S. 64. 

Order Permitting Withdrawal 

Whereas, the above application was filed with this Commission on 
September 7, 1943 and set for hearing in Winston-Salem at 10 A. M. 
o'clock, on Thursday, October 28, 1934, and letter has now been received 
from the above applicant stating that because of difficulties in obtaining 
adequate equipment it is desired to withdraw said application; therefore, 
It Is Ordered, that said application to withdraw be granted and this 
docket is hereby ordered closed. 
This 27th day of October, 1943. 

N. C. UTILITIES COMMISSION. 
R. O. Self, Chief Clerk. 
Docket No. 2973. 

APPLICATION OF MONROE BUS COMPANY TO OPERATE FROM 
MONROE OVER N. C. 84 AND 75 TO JUNCTION OF SAID HIGH- 
WAYS; THENCE OVER N. C. 84 TO WEDDINGTON; THENCE 
OVER N. C. 16 TO THE JUNCTION OF N. C. 51; THENCE OVER 
N. C. 51 TO PINEVILLE; THENCE OVER UNNUMBERED HIGH- 
WAY TO U. S. RUBBER PLANT, AND RETURN. FROM MONROE 
OVER N. C. 75 VIA MINERAL SPRINGS TO WAXHAW; THENCE 
OVER N. C. 16 TO WEDDINGTON AND RETURN. 

Order Dismissing Application 

After due notice this application was called for hearing at the Commis- 
sion's Hearing Room, in the City of Raleigh, at 10:30 A. M. on Thursday, 
the 1st day of April, 1943, and the applicant having failed to appear or 
otherwise communicate with the Commission, it is therefore ordered that 
said application be, and the same is hereby, dismissed. 
This 1st day of April, 1943. 

N. C. UTILITIES COMMISSION. 
Fred C. Hunter, Commissioner. 
Docket No. 2843. 






Decisions and Adjustments of Complaints 313 

APPLICATION OF R. S. AND M. B. KOONCE d/b/a MOTOR TRANSIT 
COMPANY, FOR AUTHORITY TO SELL CERTAIN OF ITS FRAN- 
CHISE RIGHTS TO EARL COX d/b/a EARL'S TRANSFER. 

Order 

This matter has come before the Commission for consideration and it 
was presented in the evidence that Mr. Cox had gone out of the transfer 
business and that here was some question about the applicant's having 
abandoned the rights which he desired to sell; therefore, it is 
Ordered, that the application be dismissed without action. 
This the 13th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2292. 



SALE OF BEN L. HERMAN AND ARCH T. ALLEN, RECEIVERS OF 
MOTOR TRANSIT CO., A CORPORATION, OF THE PROPERTIES 
AND FRANCHISES OF MOTOR TRANSIT COMPANY, TO CARO- 
LINA TRANSPORTATION COMPANY, A NORTH CAROLINA COR- 
PORATION. 

Order 

This cause coming on to be heard upon petition herein filed by Ben L. 
Herman and Arch T. Allen, receivers of Motor Transit Company, a cor- 
poration, and Carolina Transportation Company, a North Carolina cor- 
poration, for the approval by the Utilities Commission of North Carolina 
of the purchase of the tangible properties and franchises of Motor Transit 
Company according to the terms and conditions fully set forth in the pe- 
tition herein filed, and according to the terms and conditions set forth 
in the order entered in the Superior Court of Wake County, North Caro- 
lina, on the 31st day of August, 1943, by Hon. W. C. Harris, Resident 
Judge, and according to the terms and conditions set forth in the order 
entered in the Superior Court of Wake County on the 18th day of Sep- 
tember, 1943, by Hon. W. C. Harris, Resident Judge; and the Commission 
being thoroughly familiar with the operations of Motor Transit Company 
by said receivers and realizing the necessity of an immediate transfer by 
said receivers of the tangible properties and franchises to Carolina Trans- 
portation Company, a North Carolina corporation, with capital stock sub- 
scribed to in the amount of $125,000.00 by numerous individuals; and it 
appearing to the Commission and the Commission finding as a fact that 
it is essential that said transfer be completed at the earliest practicable 
date; and it further appearing to the Commission that it is in the public 
interest that the sale of said properties and franchises be consummated 
immediately because of the possibility of immediate cessation of opera- 
tions over the franchise routes of Motor Transit Company unless said 
sale can be consummated at the earliest practicable date, 



314 N. C. Utilities Commission 

It, Is, Therefore, Ordered, Adjudged, and Decreed: 

1. That the order heretofore entered in this cause under date of August 
31, 1943, be, and the same is hereby vacated. 

2. That the sale and transfer of the tangible properties and franchise 
rights of Motor Transit Company, a corporation, to Carolina Transporta- 
tion Company, a North Carolina corporation, pursuant to the terms and 
conditions contained in the order of the Superior Court of Wake County 
of date August 31, 1943, and the order of the Superior Court of Wake 
County of date September 18, 1943, copies of which said orders are on 
file with this Commission, be, and the same are hereby ratified, confirmed, 
and approved. 

3. That upon compliance with the terms and conditions set forth in 
said offer and said orders the franchise certificates of Motor Transit 
Company issued by this Commission, together with all rights thereunto 
appertaining, shall" be transferred to Carolina Transportation Company; 
and that said Carolina Transportation Company from and after such 
time be, and is hereby authorized, empowered and directed to continue 
the operations over the highways of the State of North Carolina over the 
franchise routes of said Motor Transit Company. 

4. That the petitioners, Ben L. Herman and Arch T. Allen, receivers, 
and Carolina Transportation Company be, and they are hereby authorized 
and directed to complete the transfer of the motor bus equipment, tangi- 
ble property and franchise certificates of Motor Transit Company pursuant 
to the authority herein contained and to the authority of the orders of 
the Superior Court of Wake County hereinabove referred to immediately 
upon and after the approval by the Interstate Commerce Commission of 
the purchase by Carolina Transportation Company of the tangible prop- 
erties and franchises of Motor Transit Company according to the terms 
and conditions hereinbefore set forth. 

This the 18th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2971. 



Decisions and Adjustments of Complaints 315 

APPLICATION OF NIXON BROTHERS TRANSFER OF SMITH- 
FIELD, N. C, FOR FRANCHISE CERTIFICATE TO TRANSPORT 
COTTON, TOBACCO, FEEDS, LUMBER, FERTILIZER, BRICK 
WITHIN 300 MILES OF SMITHFIELD WITHIN THE STATE OF 
NORTH CAROLINA. 

Order 

Before Commissioners Johnson and Hunter. 
Appearances : 

For the Applicant: 

C. G. Grady, Four Oaks, N. C. 
For the Protestants: 

R. N. Simms, Jr., Raleigh, N. C, representing Norfolk Southern 

Rwy. Co. 
W. T. Weaks, Wilmington, N. C, representing Atlantic Coast Line 

R.R. Co. 
C. Y. Shafer, Norfolk, Va., representing Seaboard Air Line Ry. Co. 

Hunter, Commissioner. Pursuant to due publication of notice, this cause 
came on for hearing on January 14, 1944. Three rail carriers, Norfolk 
Southern Railway Company, Seaboard Air Line Railway Company and 
the Atlantic Coast Line Railroad Company appeared as protestants and 
by order of the Commission were made parties. 

It appears from the testimony that the applicants, Mark A. Nixon, 
Isham G. Nixon and W. E. Nixon are brothers, reside at Smithfield, North 
Carolina, and for the last twelve years have operated as contract carriers. 
By the present application they seek authority to change their status from 
that of contract operators to franchise operators, and as such seek au- 
thority to transport cotton in the bale, unmanufactured tobacco, feeds, 
lumber, fertilizer and brick over irregular routes, and to and from all 
points in North Carolina within 300 miles of Smithfield. As contract car- 
riers they have in the past transported the commodities named to certain 
points over the general area described, but not to or from all points within 
said area. About one-half of their business as contract carriers originates 
or terminates in Smithfield, and they estimate that approximately 75 
per cent of their business originates or terminates in Johnson County. 

They now own and operate two straight trucks and four tractor-trailer 
units. Their financial statement shows a net worth of $10,700.00, which 
upon examination appears to be correct. 

The application was strongly supported by Mr. C. S. Jones of the Raleigh 
F. C. X. Stores, Mr. I. M. Foster, Traffic Manager of the North Carolina 
Cotton Growers Association, Mr. Lawrence Cooper of the Cooper-Pell Cot- 
ton Company, located at Clayton, and J. P. Ogburn of the Austin-Ogburn 
Cotton Company of Smithfield. The testifimony of these witnesses was 
to the general effect that the applicants, as contract carriers, are render- 
ing a much needed service in a satisfactory manner. Their testimony 
does not indicate that the proposed common carrier service would be to 
their interest, or that it would not be, but they expressed a very strong 
preference for the services of the applicants, leaving the change of status 
to the judgment of the applicants. 



316 N. C. Utilities Commission 

The protestants offered no testimony. Their cross-examination of wit- 
nesses tended to show the possibility of some competition with rail carriers, 
the want of a showing of public convenience and necessity for the proposed 
service, and the general satisfaction with the type of service now being 
rendered. 

The Commission is not convinced from the testimony that the applicants 
fully comprehend all that is involved in the proposed change to a common 
carrier operation. As contract carriers they are bound only by such con- 
tracts as they make from day to day. A common carrier operation is 
quite a different thing. Under their franchise, if granted as requested, 
they cannot choose whom they will serve, or when or where their trucks 
will operate. The right to operate as common carriers to and from all 
points within 300 miles of Smithfield carries with it the duty to adequately 
serve this area. It is not a matter of making such contracts as will result 
in a profit, or which they can handle with their available equipment. It 
is a matter of adequate service in the transportation of the commodities 
named to and from all points within the area described, a rather large 
undertaking for two trucks and four tractor-trailers. 

On the basis of present operations, the testimony shows a substantial 
movement of cotton and feeds in the general area described in the appli- 
cation which may be considered as some evidence of public convenience 
and necessity for the franchise operations proposed. The evidence does 
not show any substantial movements of the other commodities named in 
the application, neither does it show any substantial public demand there- 
for. At most, such movements and the demand therefor are localized 
around the home base of the applicants. 

While it is not believed that carriers whose rights are limited to the 
transportation of certain specific commodities, particularly heavy com- 
modities, such as those described in the application, should be restricted to 
an area too small to justify such operations, it is not believed to be ad- 
visable to grant such rights over practically the entire State without a 
more favorable showing of public demand and ability to perform. 

It Is, Therefore, Ordered: 

1. That the applicants, Mark A. Nixon, Isham G. Nixon and W. E. 
Nixon, trading as Nixon Brothers Transfer, be, and they are hereby, 
granted motor vehicle franchise rights to transport, (a) cotton in the bale 
and feeds to and from points within 300 miles of Smithfield, (b) unmanu- 
factured tobacco, lumber, fertilizer and brick from Johnston County to 
points in North Carolina within 300 miles of Smithfield, and from points 
in North Carolina within 300 miles of Smithfield to Johnston County, that 
is to say, movements of unmanufactured tobacco, lumber, fertilizer and 
brick shall either originate or terminate in Johnston County; that a fran- 
chise certificate be issued accordingly upon compliance with the rules and 
regulations of the Commission. 

2. That the findings and order herein are without prejudice to the 
right of the applicants to reopen the cause, on motion, and offer additional 
testimony in support of their original application to transport all com- 



Decisions and Adjustments of Complaints 317 

modities therein named to and from all points within 300 miles of Smith- 
field. 

This the 15th day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3040. 



AN AGREEMENT BETWEEN THE NORFOLK SOUTHERN BUS 
CORPORATION AND THE NORTH CAROLINA PULP COMPANY 
ON INCREASE IN RATES ORIGINALLY SET FORTH IN AGREE- 
MENT. 

Order 

Whereas, the above parties contracted with each other as of April 30, 
1942, which agreement was approved by this Commission on June 2, 1942, 
and said agreement set forth a list of charges to be made between the Pulp 
Mill and points along Highway 64; and 

Whereas, the contracting parties are now of the opinion and agree that 
there is continued operating loss because of the low price charged for 
commuters between these points named in said agreement, it is, there- 
fore, 

Ordered, that paragraph (a) and (b) on page two of the original agree- 
ment be and the same are hereby changed to read as follows: 

Present Fare for Proposed Fare for 
From 12-Ride Book 12-Ride Book 

Williamston $2.65 $3.20 

Hardison 2.00 2.40 

Jamesville 1.50 1.80 

Dardens 1.00 1.20 

Columbia 3.95 4.75 

Creswell 2.95 3.55 

Scuppernong 2.65 3.20 

Pea Ridge 2.00 2.40 

Mackeys Road 1.75 2.10 

Roper 1.50 1.80 

Macedonia 1.20 1.45 

Pines 1.00 1.20 

The above rates and charges are hereby approved by this Commission 
for publication upon short notice. 

This the 17th day of November, 1942. 

Fred C. Hunter, Covimissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2668. 



318 N. C. Utilities Commission 

APPLICATION FOR THE NORFOLK SOUTHERN BUS CORPORA- 
TION TO PURCHASE CERTIFICATE NO. 458 IN THE NAME OF 
P. E. CALLOWAY. 

Order 

P. E. Calloway under authority of this Commission leased his operating- 
rights under Certificate No. 458 to the Norfolk Southern Bus Corporation 
on or about June 1, 1942, under a lease which permitted the purchase of 
said P. E. Calloway's operating rights upon approval of the Interstate 
Commerce Commission and the North Carolina Utilities Commission. 

The Calloway line has been operated by the Norfolk Southern Bus Cor- 
poration since that time and the Interstate Commerce Commission has 
now approved the purchase of said Certificate No. 458 by the Norfolk 
Southern Bus Corporation; therefore, it is 

Ordered, that said purchase be now approved by this Commission and 
Certificate No. 458 containing all rights held by P. E. Calloway be trans- 
ferred to the Norfolk Southern Bus Corporation as of this date, and it is 

Further Ordered, that the Norfolk Southern Bus Corporation file in- 
surance and otherwise comply with the statute necessary to complete the 
transfer. 

This third day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2805. 

APPLICATION OF NORFOLK SOUTHERN RAILROAD COMPANY, 
MORRIS S. HAWKINS AND L. H. W T INDHOLZ, RECEIVERS, FOR 
A FRANCHISE CERTIFICATE TO OPERATE AS A RESTRICTED 
MOTOR VEHICLE CARRIER OVER HIGHWAYS NOS. 30, 32 AND 
37, BETWEEN CORAPEAKE AND EDENTON VIA THE TOWNS 
OF SUNBURY, GATESVILLE AND HANCOCK, AND FROM SAID 
STATIONS ON THESE ROUTES TO HOLLY WHARF, CARTER'S 
WHARF AND GATESVILLE WHARF, AND INTERMEDIATE 
WHARVES ADJACENT TO AND ALONG HIGHWAYS NOS. 30, 32 
AND 37 ON THE CHOWAN RIVER AND ALBEMARL SOUND AND 
THE ROANOKE RIVER. 

Order Cancelling Commission's Order of September 19, 1940, and 
Tariffs Filed Thereunder 

This cause arises upon a letter request from the Traffic Manager of 
the Norfolk Southern Railway Company. 

Application was made by the Norfolk Southern Railway Company in 
Docket No. 2049 for authority to obtain a certificate to transport pulp- 
wood over Highways Nos. 32 and 37 to the North Carolina Pulp Company 
near Plymouth because the Company desired to be in a position to fix 
the rates on such pulpwood for transportation from the place of procure- 
ment to the factory; therefore the Commission on after hearing made 



Decisions and Adjustments of Complaints 319 

an order dated September 19, 1940, granting the application and the appli- 
cant filed with the Commission its Rate Issue 399, N.C.U.C. 93, publishing 
rates, rules and charges, in accordance with the authority granted in 
the Commission's order in Docket No. 2049. 

The authority granted and the tariff put in effect at that time have 
now served the purpose and are subject to expiration on June 30, 1944, 
and notice has been filed with the Commission in accordance with the pro- 
visions of Rule 9(b) of the Commissions' Rules of Practice and Procedure 
of the intention to permit the tariff to expire as now scheduled on June 30, 
1944; therefore, it is 

Ordered, that the order of the Commission of September 19, 1940, be 
and the same is hereby cancelled, and all tariffs filed thereunder shall be- 
come void as of June 30, 1944. 

This 29th day of May, 1944. 



R. O. Self, Chief Clerk. 



By Order of the Commission. 
Dockets No. 2049. 



APPLICATION OF THE NORFOLK SOUTHERN RAILWAY CO. FOR 
PERMISSION TO DISCONTINUE MOTOR VEHICLE TRUCK 
OPERATION OVER HIGHWAYS 220 AND 211 BETWEEN ASHE- 
BORO, N. C, AND ABERDEEN, N. C, AS AUTHORIZED BY CER- 
TIFICATE NO. 522 IN DOCKETS NOS. 2262 AND 2121. 

Order 

This cause arises upon the petition of the Norfolk Southern Railway 
Co. by Mr. J. F. Dalton, Vice President-Traffic, in which it is stated that 
the operating authority in Certificate No. 522 for the transportation of 
intrastate freight and express between Aberdeen, N. C, and Asheboro, 
N. C, was originally a substitute for rail operation paralleling the rail 
line between these points. The applicant states that there is now suffi- 
cient business between Asheboro and Aberdeen to warrant the operation of 
trains, and when trains are operated as at present, there is no necessity 
for the truck operation; therefore, it is asking that the truck operation 
be discontinued between Asheboro and Aberdeen, N. C. The Interstate 
Commerce Commission has already approved such authorization and under 
the circumstances in order to eliminate wasteful operation and duplica- 
tion of parallel services the North Carolina Utilities Commission concurs. 

Therefore, It Is Ordered, that subject to complaint and hearing the said 
truck service between Aberdeen and Asheboro, N. C, be discontinued for 
the duration of the war and six months thereafter unless the rail service 
becomes unreasonably inadequate. 

This the 14th day of July, 1943. 



R. O. Self, Chief Clerk. 



By Order of the Commission. 
Docket No. 2121. 



320 N. C. Utilities Commission 

DOCKET NO. 2914— APPLICATION OF NORTHWESTERN COACH 
COMPANY TO OPERATE FROM MOUNT AIRY OVER HIGHWAY 
NO. 89 BY WAY OF WESTFIELD AND DANBURY TO WALNUT 
COVE; THENCE OVER HIGHWAY 65 BY WAY OF BELEW'S 
CREEK TO STOKESDALE; THENCE OVER HIGHWAY NO. 68 
BY WAY OF OAK RIDGE TO A POINT APPROXIMATELY ONE 
AND ONE-HALF MILES EAST OF OAK RIDGE AND AT INTER- 
SECTION OF IMPROVED ROAD; THENCE OVER THIS ROAD 
TO GUILFORD COLLEGE; THENCE FROM GUILFORD COLLEGE 
OVER THE FRIENDLY ROAD TO GREENSBORO. 

DOCKET NO. 2928 — APPLICATION OF COMMUNITY TRANSIT 
LINES OF WINSTON-SALEM FOR TRANSPORTING PASSENGERS 
BEGINNING AT MOUNT AIRY AND RUNNING THENCE OVER 
FEDERAL HIGHWAY 52 TO BANNERTOWN; FROM BANNER- 
TOWN TO WESTFIELD, DANBURY AND WALNUT COVE OVER 
STATE HIGHWAY 89; THROUGH WALNUT COVE OVER FED- 
ERAL HIGHWAY 311 TO STATE HIGHWAY 65; THENCE OVER 
STATE 65 TO BELEW'S CREEK AND STOKESDALE; FROM 
STOKESDALE OVER 158 TO JUNCTION OF HIGHWAY 68; 
THENCE OVER 68 TO OAK RIDGE AND FRIENDSHIP; THENCE 
OVER FEDERAL HIGHWAY 421 TO GUILFORD COLLEGE STA- 
TION; THENCE OVER STATE HIGHWAY TO GUILFORD COL- 
LEGE; THENCE OVER FRIENDLY ROAD FROM GUILFORD 
COLLEGE TO GREENSBORO AND RETURNING TO MOUNT AIRY 
OVER THE SAME ROUTE. 

DOCKET NO. 2980 — APPLICATION OF COMMUNITY TRANSIT 
LINES OF WINSTON-SALEM TO OPERATE BETWEEN OAK 
RIDGE AND STOKESDALE, VIA N. C. HIGHWAY 68 AND U. S. 
HIGHWAY 158. 

DOCKET NO. 2981 — APPLICATION OF COMMUNITY TRANSIT 
LINES OF WINSTON-SALEM TO OPERATE BETWEEN OAK 
RIDGE AND SUMMERFIELD VIA N. C. 150, U. S. 220 AND U. S. 
158. 

Order 

Before the Full Commission. 
Appearances : 
For Applicants: 

A. E. Tilley, Mt. Airy, N. C, for Northwestern Coach Company. 
H. G. Hudson, Winston-Salem, N. C, and Fred Folger, Mt. Airy, 
N. C, for Community Transit Lines. 
For Protestants: 

Welch Jordan, of Smith, Wharton and Jordon, Greensboro, N. C, 

for Gate City Transit Company. 
I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corp. 

The above referred to applications were heard by Commissioner Johnson 
at the Robert E. Lee Hotel in Winston-Salem, N. C, at 10:00 A. M., Oc- 
tober 26, 1943. Without objection the four dockets were consolidated and 
hearings in all four dockets were at one time. It was agreed that oral 



Decisions and Adjustments of Complaints 321 

argument would be considered at hearing- before the full Commission in 
the first instance from which appeals could be taken to the Superior Court. 
The full Commission heard the oral argument in the Hearing Room of the 
Commission in Raleigh on February 4, 1944, at 10:00 o'clock A. M. 

The application of Northwestern Coach Company, Docket 2914, was 
protested by the Atlantic Greyhound Corporation insofar as service be- 
tween Mount Airy and Greensboro is concerned; and by the Gate City 
Transit Lines insofar as the proposed application would permit operation 
over Highway 68 between Oak Ridge and Stokesdale. 

The application of Community Transit Lines, Docket 2928, was pro- 
tested by the Atlantic Greyhound Corporation insofar as service required 
by public convenience and necessity between Mount Airy and Greensboro 
proper is concerned. 

The application of Community Transit Lines, Docket 2980, was protested 
by the Atlantic Greyhound Corporation insofar as that might be a con- 
tinuous line between Mount Airy proper and Greensboro proper; and the 
Gate City Transit Company filed a protest for the reason that it has pend- 
ing an application for service between Stokesdale and Oak Ridge. The 
Northwestern Coach Company protested the application for the reason 
that it is an applicant for the same route. 

The application of Community Transit Lines, Docket 2981, was pro- 
tested by Gate City Transit Company on the grounds that it has an un- 
decided application pending covering the same route applied for in this 
application. 

The Atlantic Greyhound Corporation protested the application in Docket 
2981 for the same reason as stated for its protest in Docket 2980. 

The Commission is convinced that convenience and necessity was shown 
in Docket 2928, which is the application of Community Transit Lines to 
operate from Mount Airy to Greensboro via Westfield, Danbury, Walnut 
Cove, Stokesdale, Oak Ridge and Guilford College. 

The applicant, Northwestern Coach Company, in Docket 2914, failed 
to convince the Commission that it had the equipment to operate schedules 
over the route applied for, and the Commission seriously doubts its ability 
to secure proper equipment at this time. 

It Is, Therefore, Ordered: 

1. That upon proper compliance with the rules and regulations of this 
Commission a franchise certificate be issued to the Community Transit 
Lines of Winston-Salem for transportation of passengers over the routes 
applied for in Docket 2928 and set out in the caption hereof. 

2. That the application of Northwestern Coach Company to operate 
over the routes applied for in Docket 2914 be, and the same is, hereby 
denied. 

3. That the application of Community Transit Lines of Winston-Salem 
to operate between Oak Ridge and Summerfield, as applied for in Docket 
2981, be, and the same is, hereby denied. 

4. That the application of Community Transit Lines of Winston-Salem 
to operate between Oak Ridge and Stokesdale via N. C. 68 and U. S. 158 
be, and the same is, hereby denied. However, the denial of this application 



322 N. C. Utilities Commission 

in no way affects the application granted to the Community Transit Lines 
in Docket 2928. 

This 9th day of February, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
By Order of the Commission. R. G. Johnson, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 
Dockets Nos. 2914, 2928, 2980 and 2981. 

APPLICATION OF F. O. NUNN d/b/a NUNN'S TRANSFER OF 
GREENVILLE, N. C, TO TRANSPORT TOBACCO, COTTON AND 
PEANUTS WITHIN AN AREA EAST OF, BUT INCLUDING 
SHELBY, AND A NORTH-SOUTH LINE FROM SOUTH CAROLINA 
TO VIRGINIA, VIA SHELBY. 

Order 

Before Commissioners Johnson and Hunter. 
Appearances : 

For Applicant: 

Dink James, Greenville, N. C, for Nunn's Transfer. 
For Protestants : None. 

Johnson, Commissioner. Prior to the filing of the instant application 
the applicant had been for many years engaged as contract carrier in the 
transportation of commodities for which it is now asking for a franchise 
as common carrier. 

On the 30th day of July, 1941, this Commission issued a general order, 
Docket No. 2355, in effect notifying all carriers restricted to any class, 
kind, commodity or property over regular or irregular routes that, under 
the law, such restricted carriers, as well as other carries, came within the 
jurisdiction and under the supervision of the Commission and that on and 
after the 15th day of August, 1941, such carriers would have to obtain 
a franchise, comply with the rules and regulations of and file tariffs with 
the Commission for its approval. The effective date for complying with this 
order was several times extended, although in the meantime several con- 
ferences were held with various restricted commodity carriers, and on 
the 29th day of September, 1941, the Commission issued another order 
specifically notifying the carriers of unmanufactured tobacco that appli- 
cations for franchise must be filed with the Commission not later than 
December 1, 1941. As a result of these orders and conferences a great 
number of the tobacco carriers filed a uniform tariff with the Commission, 
received temporary permits and filed applications for franchises. Most 
of the carriers, in addition to asking for a franchise for tobacco, applied, 
as the applications show, for a franchise for other commodities. 

The movement of the commodities hereinbefore enumerated, are sea- 
sonal and different commodities move at different times of the year, there- 
by making it possible to use the same equipment for the movement of 
various commodities. For instance, tobacco in the late summer and early 



Decisions and Adjustments of Complaints 323 

fall; peanuts in the late fall and early winter; and fertilizer in the spring, 
et cetera. It appears from the testimony that it would not be profitable for 
this carrier to be restricted to the movement of any single commodity. 

Testimony was offered at the hearing- as to the need for these irregular 
route services, and after careful consideration the conclusion is reached 
that from the very nature of the operations involved it would be imprac- 
ticable and unworkable to restrict the operations of tobacco carriers to 
certain sections or territories of the State. Necessarily tobacco is a com- 
modity requiring a one-line haul. It would not be feasible to require the 
transfer from one truck line to another of tobacco in transit. For ex- 
ample, if a tobacco carrier had rights east of Raleigh only and another 
carrier had rights West of Raleigh only a shipment of tobacco purchased 
on the market in Farmville destined to Winston-Salem would have to be 
transferred from one carrier to another at Raleigh. Such an arrange- 
ment would not be at all satisfactory and cannot be followed. Therefore, 
it appears that each applicant in order to give proper service to the public 
must have the right to operate between all points and places where tobacco 
moves and that the proper way to protect a franchise carrier of tobacco 
from destructive competition is to limit the number of carriers rather 
than to circumscribe the territory wherein they may operate. 

There being testimony offered as to the need for the services for the 
commodities applied for in the instant application and no objection hav- 
ing been offered to the granting of franchise, the Commission finds as a 
fact public convenience and necessity has been shown by the applicant 
for a franchise to transport all of the commodities set out in the applica- 
tion. 

Wherefore, It Is Ordered, that upon compliance with the rules, regu- 
lations and requirements of this Commission a franchise certificate be 
issued to the applicant, Nunn's Transfer, to transport over irregular 
routes between all points and places within the State of North Carolina 
the commodities named in the application and set out in the caption above 
appearing in this order. 



This 20th day of September, 1943. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2947. 

APPLICATION OF J. H. COCHRAN t/a OVERNITE TRANSPORTA- 
TION COMPANY, FOR THE PURCHASE OF SOUTHERN CON- 
SOLIDATED, INCORPORATED. 

Order 

This cause arises upon the above application filed by J. H. Cochrane, 
t/a Overnite Transportation Company, for the purchase of the franchise 
rights of Southern Consolidated, Incorporated. J. H. Cochran at the 



324 N. C. Utilities Commission 

present time owns and operates in this State under Franchise Certificate 
No. 511 and is making application in this case to purchase the operating 
rights granted in Certificate No. 532 to Southern Consolidated, Incor- 
porated. 

According to the evidence presented it appears that approval of the sale 
will consolidate the operations to the extent that it will enhance the serv- 
ice to the public, and the purchaser appears to be able and willing to render 
this service. Therefore, 

It Is Ordered, that the application for sale of Southern Consolidated, 
Incorporated, to J. H. Cochran, t/a Overnite Transportation Company, be, 
and the same is hereby, approved. And 

It Is Further Ordered, that the certificate now held by the applicant 
be amended to include the rights now held by Southern Consolidated, In- 
corporated. 

This 6th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

This order becomes null and void through issuance of order August 1, 
1944. 

Docket No. 3047. 



APPLICATION OF J. H. COCHRANE d/b/a OVERNITE TRANSPOR- 
TATION COMPANY, RICHMOND, VIRGINIA. 

Order Making Parties 

This cause coming on to be heard before the North Carolina Utilities 
Commission and it appearing that Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express, Miller Motor Express, Smith Transfer Corporation, D. J. 
Thurston, d/b/a Thurston Motor Lines and Fredrickson Motor Express 
Corporation have each filed petition of intervention and of protest herein 
and each of the parties in his or its respective position has shown an 
interest in this proceeding. 

Now, Therefore, It Is Ordered, that Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express, Miller Motor Express, Smith Transfer Corporation, 
D. J. Thurston, d/b/a Thurston Motor Lines and Fredrickson Motor 
Express Corporation be and each hereby is made a party to this pro- 
ceeding. 

This the 25th day of January, 1944. 



Stanley Winborne, Chairman. 



By Order of the Commission. 
Docket No. 3047. 



Decisions and Adjustments of Complaints 325 

APPLICATION OF PARKWAY BUS COMPANY, INC., TO TRANS- 
PORT PASSENGERS FROM ROCKWELL, N. C, OVER STATE 
HIGHWAY NO. 152 TO CHINA GROVE, N. C; THENCE WITH 
CLOSED DOORS OVER U. S. HIGHWAYS NOS. 29-A AND 29 TO 
KANNAPOLIS, N. C. 

Supplemental Order 

Upon further consideration of this cause, including the motion to vacate 
filed by Carolina Coach Company, and a lease agreement entered into 
between said Carolina Coach Company and the Parkway Bus Company, 
Inc., which said motion and agreement are on file with the records of this 
cause, and it appearing to the Commission that said carriers have agreed 
upon their respective operating rights over U. S. Highways 29-A and 29 
between China Grove and Kannapolis in a manner satisfactory to them- 
selves ; 

It Is, Therefore, Ordered, that the Commission's order made herein, 
dated March 10, 1942, be, and the same is hereby vacated as to the grant 
of the operating rights over U. S. Highways 29-A and 29 between China 
Grove and Kannapolis so long, and only so long as reasonable, adequate 
and continuous service is provided under said lease agreement, and to 
that extent the operating rights set out under said lease agreement, dated 
October 13, 1942, are hereby authorized and approved. 

This the 27th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2557. 



APPLICATION OF J. Y. PHELPS TO OPERATE FROM WILKINS, 
N. C, TO VICTORY INN ON N. C. HIGHWAY 15-A OVER UN- 
NUMBERED CAMP BUTNER ROAD. 

Order Dismissing Application 

After due notice the above application was called for hearing at 
10:00 A. M. on Thursday, April 15, 1943, and the applicant having failed 
to appear or to notify the Commission of his reason, if any, for such fail- 
ure, said application is, therefore, ordered dismissed. 

This 28th day of April, 1943. 



Fred C. Hunter, Commissioner. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2797. 



326 N. C. Utilities Commission 

APPLICATION OF PIEDMONT COACH COMPANY FOR FRANCHISE 
CERTIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER 
OF PASSENGERS OVER N. C. HIGHWAY 150, FROM WINSTON- 
SALEM TO JUNCTION WITH N. C. 150 AND U. S. 29; THENCE 
OVER U. S. 29 TO SALISBURY, AS SHOWN ON 1940 MAP PUB- 
LISHED BY THE N. C. STATE HIGHWAY AND PUBLIC WORKS 
COMMISSION. 

Order of Dismissal 

At the time that order was issued in this case the protestant, E. 0. 
Woodie, operating- as Salisbury-Mount Airy Bus Line, filed exceptions to 
the Commission's order, and protestant, E. O. Woodie, now requests that 
said exceptions be not heard. 

It Is, Therefore, Ordered, that the same be dismissed. 

This 18th day of November, 1942. 

N. C. UTILITIES COMMISSION. 

Docket No. 2333. R. O. Self, Chief Clerk. 

DOCKET NO. 2706— APPLICATION OF PIEDMONT COACH COM- 
PANY TO OPERATE FROM CONCORD ON HIGHWAY 49 AND 
U. S. 29 TO NEWELL; THENCE ACROSS THE TRACKS OF THE 
SOUTHERN RAILROAD; THENCE ON PLAZA ROAD TO CHAR- 
LOTTE, N. C. 

DOCKET NO. 2725— APPLICATION OF CAROLINA COACH COM- 
PANY TO OPERATE FROM CHARLOTTE OVER EXISTING 
FRANCHISE ON N. C. 27 TO JUNCTION OF AMITY ROAD; 
THENCE TO HICKORY GROVE VIA UNNUMBERED ROAD; 
THENCE VIA UNNUMBERED ROAD TO LEMMOND'S STORE 
ON PLAZA ROAD; THENCE VIA PLAZA ROAD TO NEWELL; 
THENCE VIA PLAZA ROAD TO CHARLOTTE. 

Order 

Before Commissioners Johnson and Hunter. 
Appearances : 

For Carolina Coach Company: 

Arch T. Allen, Raleigh, N. C; Joe W. Ervin, Charlotte, N. C; 
E. T. Bost, Jr., Concord, N. C.; Wm. B. Umstead, Durham, N. C; 
Geo. R. Uzzell, Salisbury, N. C. 
For Piedmont Coach Company: 

H. P. Taylor, Wadesboro, N. C; Banks D. Thomas, Wadesboro, 
N. C; C. W. Tillett, Charlotte, N. C; Luther T. Hartsell, Con- 
cord, N. C. 
For Concord Motor Coach Company (Intervener) : 
E. T. Bost, Jr., Concord, N. C. 

The Piedmont Coach Company, hereinafter called "Piedmont", seeks 
to extend its operating rights from Concord to Charlotte over the route 
described in Docket No. 2706. By another application in Docket No. 2708, 



Decisions and Adjustments of Complaints 327 

which was heard, in part, at the same time but upon a separate record, 
it seeks operating rights over an unnumbered highway through Cabarrus 
and Rowan Counties which will give it a direct route between Concord 
and Salisbury, both of which points it now serves by a circuitous route 
over State Highway No. 73 and U. S. Highway No. 52. 

The Carolina Coach Company, hereinafter called "Carolina", vigorously 
protests both of said Piedmont applications as being an encroachment, 
and for some miles a duplication, of its franchise rights over U. S. High- 
ways Nos. 29 and 29-A from Charlotte through Concord to Salisbury. 
Carolina offers as a counter proposal to add three additional round trips 
daily between Charlotte and Salisbury by way of Concord, and also 
offers to provide the new service in the Charlotte area described in its 
application in Docket No. 2725. 

The applications herein were filed with the Commission in the order 
indicated by their respective docket numbers, were consolidated for hear- 
ing by agreement and heard on September 8, 9, 10, 11 and 12, 1942. 

Hunter, Commissioner. 

Piedmont is a corporation organized under the laws of North Carolina 
in 1938 and now holds franchise rights and operates over U. S. Highway 
No. 52 from Wadesboro through Albemarle to Salisbury; over State High- 
way No. 150 from Salisbury to Winston-Salem; over State Highway No. 
73 from Albemarle through Mt. Pleasant and Concord to Davidson; over 
State Highways Nos. 73 and 49 from Concord through Mt. Pleasant, Rich- 
field, Asheboro and Liberty to Burlington; over State Highway No. 109 
from its intersection with State Highway No. 49 through Thomasville 
to Winston-Salem; over State Highway No. 8 from its intersection with 
said Highway No. 49 to Lexington. It also operates over State Highway 
No. 49-A from New London to said Highway No. 49, and operates from 
Albemarle to New London by Badin over State Highway No. 740, and 
perhaps over other short routes not mentioned. 

Piedmont contends that Charlotte is the hub of bus transportation in 
the Carolinas, to or through which all the larger carriers operate, and 
that the area covered by its lines and the volume of its traffic moving 
over the same justify its entrance into Charlotte. It contends that a 
large number of people in the area which it serves want and need direct 
service through Concord to and from Charlotte, and that the proposed 
service will offer better connections, save mileage and running time be- 
tween Burlington and Charlotte and between Raleigh and Charlotte, and 
particularly between the Asheboro area and Charlotte. It further con- 
tends that Carolina does not have sufficient equipment to reasonably ac- 
commodate its passengers, and that any traffic diverted from the Carolina 
lines to the Piedmont lines would be in the public interest. 

Carolina is one of the oldest and one of the largest bus carriers of the 
State. It holds extensive franchise rights in Piedmont and Eastern North 
Carolina, which include franchise rights over U. S. Highways Nos. 29 
and 29-A, from Charlotte through Concord, Salisbury, Lexington, Thomas- 
ville and High Point to Greensboro; over U. S. Highways Nos. 70 and 70-A 
from Greensboro through Burlington and Durham to Raleigh; over State 
Highway No. 54 from its intersection with said Highway No. 70 west 



328 N. C. Utilities Commission 

of Burlington through Graham and Chapel Hill to Nelson on said High- 
way No. 70; over State Highway No. 27 from Charlotte through Albe- 
marle, Troy and Biscoe to Carthage, and over U. S. Highways Nos. 15 
and 1 from Carthage through Sanford and Apex to Raleigh. It also oper- 
ates over many highways north and east of the routes mentioned. 

Carolina contends that it has expended large sums of money in building 
up its transportation system in North Carolina, including $450,000.00 
which it paid Southern Coach Company for operating rights over U. S. 
Highways Nos. 29 and 70 between Charlotte and Raleigh, and that it did. 
so in the belief, if not upon statutory assurance, that the integrity of 
motor vehicle franchise rights would be protected in North Carolina. It 
contends that its present service over its lines is reasonably adequate to 
meet all public demands for travel, including frequent demands made upon 
it by the United States for the transportation of selectees and troops. 
It further contends that it is now, and has been, motivated in building 
up its equipment and transportation facilities by patriotic considerations, 
and that with the return of peace and normal travel by bus its rights, as 
well as its ability to serve, will be seriously impaired by the unwarranted 
encroachment upon and duplication of its franchise rights, as proposed 
by Piedmont. It further contends that it has a large number of new 
buses ordered with the assurance of early deliveries, and that it is now 
and will continue to be in position to render any service needed over its 
lines. 

Upon all the contentions of the parties, including those above set out, 
and upon the testimony tending to support the same, we make the 
following : 

Findings of Facts 

Both applicants seek franchise rights over the road described in said 
applications as the Plaza Road between Charlotte and Newell, a distance 
of about seven miles. In addition to this part of its application, Carolina 
seeks authority to extend its operating rights from the Newell end of the 
Plaza Road through the Town of Hickory Grove, in Mecklenburg County, 
and connect with its line over State Highway No. 27 leading to Charlotte, 
thus forming a loop of approximately twenty miles over which it pro- 
poses to make fifteen trips daily each way. Public convenience and neces- 
sity for the establishment of a franchise route over the Plaza Road, for 
which both applicants apply, and over the Plaza-Hickory Grove loop, for 
which only Carolina applies, is not in controversy, and is well supported 
by the testimony. The real controversy between the parties is over operat- 
ing rights between Charlotte and Concord with resulting connections to 
other points. 

The distance between Charlotte and Concord over the Plaza Road route 
and over U. S. Highway No. 29, Carolina's route, is about the same from 
city limits to city limits. From the center of the business sections of said 
cities the distance is some greater by the Plaza Road route, which route 
crosses the main line tracks of the Southern Railroad Company at a grade 
crossing at Newell. The shortest, best and most traveled route between 
Charlotte and Concord is U. S. Highway No. 29-A, over which Carolina 
also operates. 



Decisions and Adjustments of Complaints 329 

Piedmont's proposed route between Charlotte and Concord will dupli- 
cate Carolina's franchise over U. S. Highway No. 29 from Newell to a 
point near the city limits of Concord, a distance of about thirteen miles. 
This section of said Highway No. 29 traverses a densely populated rural 
community, including the Towns of Newell and Harrisburg and the Jackson 
Training School settlement. A substantial number of people living along 
this highway work in either Charlotte or Concord and depend upon bus 
transportation to and from their places of employment. A number of 
these people expressed dissatisfaction with the present service rendered by 
Carolina, and about an equal number testified to the effect that the service 
of Carolina was ample and entirely satisfactory. 

Several witnesses living along Piedmont's existing lines, some from as 
far north as Liberty, testified for themselves and on behalf of others in 
their communities to the effect that the direct service proposed by Pied- 
mont into Charlotte was necessary to meet their needs. 

Carolina now operates sixteen round trips between Charlotte and Salis- 
bury by way of Concord, some of which are followed by extra buses, de- 
pending upon the demand for transportation. It now proposes to add 
three additional round trips between Charlotte and Salisbury. Piedmont 
proposes to operate two round trips between Charlotte and Burlington by 
way of Concord, Mt. Pleasant, Richfield and Asheboro, and two round 
trips between Charlotte and Albemarle by way of Concord. 

The buses of Carolina are generally much more crowded than those of 
Piedmont, and operate at a much greater profit. 

Piedmont now owns and operates eight buses of 25 to 33-passenger ca- 
pacity over approximately 370 miles of franchise routes, all within the 
State of North Carolina. Its gross revenue for the month of July, 1942, 
as reported to the Department of Revenue, was $10,581.99 or $1,322.75 per 
bus for the month of July. 

Carolina and its subsidiary, Carolina Coach Company of Virginia, 
owned and operated 136 buses at the time of the hearing, and 132 buses 
during the month of July, 1942. Said buses range from 19 to 37-passenger 
capacity and operate over 1,898 miles of franchise routes in North Caro- 
lina and 362 miles in Virginia. Their combined gross revenue from opera- 
tions within the State of North Carolina for the month of July, 1942, as 
reported to the Department of Revenue, was $349,089.00, or $2,644.61 
per bus for the month of July. 

The following tabulations taken from the reports to the Revenue De- 
partment and offered in evidence show the gross monthly revenue reported 
by each of said three companies, and the monthly franchise tax paid to 
the State, for seven months, January to July inclusive, 1942, 1941: 



330 



N. C. Utilities Commission 



CAROLINA COACH COMPANY 



194 1 
Gross 
Month Receipts 

January __„$ 99,480.50 
February .... 95,459.42 

March 109,997.48 

April 118,629.95 

May 122,819.81 

June 111,968.23 

July 131,213.06 



Taxes 

5,802.09 

5,557.23 

6,409.05 

6,887.46 

7,129.15 

6,562.84 

7,583.73 



19 4 2 
Gross 
Receipts 
139,338.93 
141,498.92 
171,243.25 

April 191,698.56 

May 240,957.45 

June 239,690.14 

July 264,452.94 



Month 
January 
February 
March .... 



Taxes 
I 8,360.34 

8,489.93 
10,274.60 
11,501.91 
14,457.45 
14,381.41 
15,867.18 



Total .$789,568.45 $45,931.55 



$1,388,880.19 $83,332.82 



CAROLINA COACH COMPANY OF VIRGINIA 



19 4 1 
Gross 
Month Receipts 

January __„_$ 9,418.04 
February .... 9,572.56 

March 13,984.65 

April 16,234.28 

May 16,952.16 

June 16,135.11 

July 18,802.30 



Taxes 
271.68 
217.12 
301.74 
347.86 
376.51 
350.11 
413.78 



19 4 2 
Gross 
Month Receipts 

January __.___$ 36,851.73 
February ____ 38,481.19 

March 47,203.51 

April 57,612.31 

May 73,945.65 

June 80,073.99 

July 84,636.06 



Taxes 

1,061.60 

1,115.88 

1,384.3 4 

1,713.13 

2,288.72 

2,534.77 

2,755.21 



Total ..... $101,099.10 $ 2,278.80 



$418,804.44 $12,853.65 



PIEDMONT COACH COMPANY 



19 4 1 
Gross 
Month Receipts 

January $ 3,362.01 

February ...... 3,032.25 

March 3,595.37 

April 3,802.69 

May 3,750.93 

June 3,728.07 

July 3,911.64 



Taxes 
201.72 
181.93 
215.72 
228.16 
225.06 
223.68 
234.70 



19 4 2 
Gross 

Month Receipts Taxes 

January $ 3,240.63 $ 260.44 

February 4,272.89 256.37 

March 5,221.16 313.27 

April 6,360.32 381.62 

May 8,373.15 502.39 

June 8,651.42 519.09 

July 10,581.99 634.92 



Total $25,182.96 $ 1,510.97 



$46,701.56 $2,868.10 



It appears from the testimony and from the annual reports made by 
said three companies to the Utilities Commission on file in this office, that 
the capital stock of Carolina as of December 31, 1941, was $716,569.00, 
on which it paid dividends for the year 1941 in the sum of $148,100.00 or 
20.67 per cent. For the same period the capital stock of the Carolina 
Coach Company of Virginia was $50,000.00, on which it paid dividends 
for the year 1941 in the sum of $20,000.00, or 40 per cent. Piedmont's 
1941 report shows capital stock in the sum of $5,000.00, and a net profit 
for the year of $60.96. No dividends were paid. 

The Carolina's 1941 Annual Report furthermore shows the book value 
of its physical property, less depreciation, as $1,357,953.00, and a net 
operative income of $164,638.00. These figures give a return to the com- 
pany of 12.12 per cent. The dividend paid amounted to 10.90 per cent on 
property basis. 



Decisions and Adjustments of Complaints 331 

The Annual Report for 1941 of the Carolina Coach Company of Virginia 
shows the book value of its physical property as $124,032.00, ar?d a net 
operating income of $27,520.00. These figures give a return to the Com- 
pany of 22.18 per cent. The dividend paid on this basis amounted to 16.12 
per cent. 

The 1941 Annual Report of the Piedmont gives the book value of its 
physical property as $8,378.00, and a net operating income of $60.96, a re- 
turn on property investment of less than one per cent. 

The balance sheet for 1941 of the Carolina Shows a surplus of $127,- 
966.41 and that of the Carolina Coach Company of Virginia a surplus of 
$30,596.09. The reverse is true in the case of the Piedmont which, accord- 
ing to its 1941 Annual Report to the Commission, shows liabilities in ex- 
cess of its assets. 

Conclusions 

1. The route and schedules proposed by Carolina over the Plaza Road- 
Hickory Grove loop will serve more people in Mecklenburg County than 
will the route and schedules proposed by Piedmont over the Plaza Road, 
and local needs in this area do not require the services proposed by both 
applicants. 

2. People living along U. S. Highway No. 29 between Newell and Con- 
cord need local schedules between Charlotte and Concord for the reason 
that through buses are generally overloaded when leaving Charlotte or 
Concord, but with the three additional through schedules proposed by 
Carolina between Charlotte and Salisbury the service should be sufficient 
and obviate the necessity of duplicating franchise rights over this road 
insofar as local travel is concerned. 

3. As appears from the procedure suggested in Section 3 (f) of the 
Motor Vehicle Carrier Act, C. S. 2613 (1), which seems to be only direc- 
tory, it is obviously not the policy of the law to duplicate motor vehicle 
franchise rights, and if not, it certainly should not be the policy of the 
Commission to do so. A sound policy for the Commission to follow in cases 
involving a duplication of franchise rights was clearly and forcefully 
stated by Chairman Winborne in a controversy between the Atlantic Grey- 
hound Corporation and the Carolina Coach Company, Docket No. 272, 
N.C.U.C. 1935-1936 Report, 90 at Page 95, in which he said that the Act, 
as amended, "unmistakably indicates the intent on the part of the law- 
making body to give to this Commission some discretion in the granting of 
both bus and truck franchises over routes in whole or in part covered by 
existing franchises. But, however, the retention in the law of the provi- 
sion that after public convenience and necessity has been found for addi- 
tional service, the existing operator be given thirty days to provide the 
service required by the Commission further indicates that the Commission 
is not to exercise this discretion except in rare and unusual cases where 
it appears obvious that it is useless to expect ample and efficient service 
to be given by the present operator within the period of thirty days." 

4. Carolina does not have the buses in operation and is not providing the 
service over its lines that the traveling public is entitled to receive, par- 
ticularly over its line between Charlotte and Raleigh by way of Greens- 
boro. At present it does not maintain sufficient schedules over this line 
to reasonably accommodate its passengers. 



332 N. C. Utilities Commission 

5. Unless rationing of travel is now in the making, substantial improve- 
ment in* transportation facilities over Carolina's lines in the Piedmont 
section of the State has become imperative. Piedmont's proposed route 
in the instant case, and as proposed in Docket No. 2708 over an unnum- 
bered county road between Concord and Salisbury, does not offer reason- 
able relief. In this period of emergency when thousands of our people 
are not permitted to use their own automobiles, they should not be required 
to ride a bus over secondary roads or over circuitous and dangerous routes 
in order to vouchsafe to a carrier its franchise rights over the best, most 
direct and usual lanes of travel. If public convenience and necessity exists 
for direct service through Concord to Charlotte without change, as pro- 
posed by Piedmont in Docket No. 2706, or between Concord and Salisbury, 
as proposed in Docket No. 2708, which is not too apparent from the testi- 
mony, Piedmont could in all good conscience apply for rights over the best 
and most direct highways between said points, and the findings and con- 
clusions herein will be deemed a sufficient notice and directive to Carolina 
to provide the service needed to comply with the provisions of Section 3(f) 
of the Motor Vehicle Carrier Act. 

It Is, Therefore, Ordered: 

1. That the application of the Carolina Coach Company in Docket No. 
2725 to operate from Charlotte over its existing franchise on State High- 
way No. 27 to the junction of the Amity Road; thence to Hickory Grove 
via unnumbered road; thence via unnumbered road to Lemmond's Store 
on Plaza Road; thence via Plaza Road to Newell; thence via Plaza Road 
to Charlotte and return, be and the same is hereby granted, the appli- 
cant's franchise certificate to be amended accordingly. 

2. That the application of Piedmont Coach Company in Docket No. 2706 
be and the same is hereby denied and dismissed. 

This 9th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Dockets Nos. 2706 and 2725. 



DOCKET NO. 2800— APPLICATION OF PIEDMONT COACH COM- 
PANY TO OPERATE FROM CONCORD OVER OLD CONCORD 
ROAD BY EBENEZER CHURCH TO BOSTIAN CROSS ROADS AT 
HIGHWAY 152; THENCE OVER 152 (WITH CLOSED DOORS) 
TO CHINA GROVE; THENCE OVER 29 (WITH CLOSED DOORS) 
TO KANNAPOLIS. 

DOCKET NO. 2801— APPLICATION OF PIEDMONT COACH COM- 
PANY TO OPERATE FROM SALISBURY OVER OLD SALISBURY- 
CONCORD ROAD TO BOSTIAN CROSS ROADS AT U. S. 152 (WITH 
CLOSED DOORS) TO CHINA GROVE; THENCE OVER U. S. 29 
(WITH CLOSED DOORS) TO KANNAPOLIS. 



Decisions and Adjustments of Complaints 333 

DOCKET NO. 2816— APPLICATION OF CAROLINA COACH COM- 
PANY TO OPERATE FROM SALISBURY VIA OLD SALISBURY- 
CONCORD ROAD TO JUNCTION WITH N. C, 152; THENCE WITH 
CLOSED DOORS VIA N. C. 152 TO JUNCTION WITH U. S. 29, ON 
WHICH APPLICANT HAS FRANCHISE. 

DOCKET NO. 2819— APPLICATION OF FESPERMAN BUS COM- 
PANY TO OPERATE FROM SALISBURY OVER OLD CONCORD 
ROAD BY THE ROWAN COUNTY HOME TO HIGHWAY 152 (BOS- 
TIAN CROSS ROADS) ; THENCE OVER HIGHWAY 152 TO CHINA 
GROVE. 

Order 

Before Commissioners Hunter and Johnson. 
Appearances : 

Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

William B. Umstead, Durham, N. C, for Carolina Coach Company. 

George R. Uzzell, Salsibury, N. C, for Carolina Coach Company. 

E. T. Bost, Jr., Concord, N. C, for Carolina Coach Company. 
Hunter, Commissioner. The above-captioned applications cover sub- 
stantially the same route. The Piedmont Coach Company advised the 
Commission prior to date of hearing that it desired to withdraw its appli- 
cations in Dockets 2800 and 2801. The Fesperman Bus Company also 
withdrew its application in Docket 2819, which leaves for consideration 
only the application of Carolina Coach Company in Docket 2816 which 
came on for hearing, and was heard without opposition, on January 6, 
1944. 

The highways described in the application are hard surfaced, and tra- 
verse a densely populated section in which a large number of industrial 
workers live, many of whom are without transportation facilities. The 
applicant now operates between Salisbury and China Grove over U. S. 
Highway No. 29, and may route certain of its buses over the proposed 
route without additional expense or additional equipment. It now holds 
interstate rights over the proposed route and public convenience and neces- 
sity has been shown for the intrastate rights over the highways described. 
It Is, Therefore, Ordered: 

(1) That the application of Carolina Coach Company for motor ve- 
hicle franchise rights to transport passengers from Salisbury via old 
Salisbury-Concord Road to junction with State Highway No. 152, thence 
with closed doors over said Highway 152 to junction of U. S. Highway No. 
29, and return, be granted, and the applicant's franchise certificate 
amended accordingly. 

(2) That the applications of Piedmont Coach Company in Dockets 2800 
and 2801 be dismissed. 

(3) That the application of Fesperman Bus Company in Docket No. 
2819 be dismissed. 

This the 9th day of February, 1944. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Dockets Nos. 2800, 2801, 2816, 2819. 



334 N. C. Utilities Commission 

APPLICATION OF PIEDMONT COACH COMPANY OF WADESBORO, 
N. C, TO SERVE MOONSET INN, A SMALL PLACE ON HIGHWAY 
NO. 740 BETWEEN ALBEMARLE AND NEW LONDON. 

Order 

This cause arises upon request of Piedmont Coach Company of Wades- 
boro, N. C, to include Moonset Inn, a point on Highway No. 740 between 
Albemarle and New London, on its route to be served by one or more reg- 
ular schedules each way per day, and it appears that no other carrier now 
serves this place; therefore, it is 

Ordered, that petition be granted and that the Piedmont Coach Com- 
pany certificate be amended to include Highway No. 740, between Albe- 
marle and New London, via Badin. 

This 9th day of August, 1943. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2956. 



LEASE OF THE PIEDMONT COACH COMPANY, INCORPORATED, 
TO THE QUEEN CITY COACH COMPANY, INCORPORATED. 

This matter comes before the Commission upon an application of the 
Piedmont Coach Company, a North Carolina corporation, with its principal 
office and place of business in Wadesboro, and the Queen City Coach Com- 
pany, a North Carolina corporation, with its principal office and place of 
business in Charlotte, North Carolina, asking that this Commission ap- 
prove a lease by the Piedmont Coach Company of all of its franchises 
and franchise rights within the State of North Carolina, to the Queen 
City Coach Company, according to terms and conditions as set forth in a 
certain lease agreement entered into between said companies on the 25th 
day of November, 1943, which said lease agreement is on file with this Com- 
mission as a part of the record in this cause. 

In support of the application for approval by this Commission of said 
lease agreement it was made to appear to this Commission by Mr. H. H. 
Hardison, President of the Piedmont Coach Company, that the reason for 
the lease was due to the fact that he had lost so many employees, includ- 
ing the manager of the company, to the Armed Services that it had be- 
come almost impossible, since they could not be replaced, to properly con- 
tinue the operation of the various lines of the company in a satisfactory 
manner and that it would be greatly in the public interest for the Queen 
City Coach Company to take over and operate the lines of the Piedmont 
Coach Company. 

It was further made to appear to this Commission by Mr. W. E. Smith, 
President of the Queen City Coach Company, that his company being a 
much larger one had sufficient personnel to properly and satisfactorily 
operate the lines of the Piedmont Coach Company and to provide the 
service the public required. 

After a full consideration of the matter, the Commission is of the opinion 
that the approval of the lease will be in the public interest. 



Decisions and Adjustments of Complaints 335 

Wherefore, It Is Ordered, that said lease be approved, the approval 
to become effective when said lease has been approved by the Interstate 
Commerce Commission. 

This the 15th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3089. 



PURCHASE OF THE FRANCHISE CERTIFICATE OF BLIZARD MOTOR 
EXPRESS, INC., MOUNT AIRY, N. C, TO PIEDMONT-MOUNTAIN 
FREIGHT LINES, INC., UNDER ORDER OF THE SUPERIOR COURT. 

Order 

Whereas, the Blizard Motor Express, Inc., holder of Franchise Cer- 
tificate No. 448 under Chapter 136, Public Laws of 1927 and amendments 
thereto has been operating under receivership since August 12, 1942, and, 
whereas, the Hon. Allen H. Gwyn, Resident Judge of the Twenty-First 
Judicial District of the Superior Court, issued an order dated March 1, 
1943, authorizing the receiver, Mr. E. L. Braddock, of Mount Airy, to sell, 
transfer and deliver all franchises, rolling equipment, all personal prop- 
erty and physical assets of Blizard Motor Express, Inc., save and except 
accounts receivable, to Piedmont Mountain Freight Lines, Inc., and upon 
the payment of purchase price in full, the said receiver was authorized 
and empowered to transfer the assets named in said order, free and clear 
of liens and encumbrances, to the said purchaser. 

Therefore, It Is Ordered, that all the rights and privileges contained in 
Franchise Certificate No. 448 be, and the same is hereby ordered trans- 
ferred from Blizard Motor Express, Inc., Mount Airy, N. C, to the said 
Piedmont Mountain Freight Lines, Inc., effective January 4, 1943, and 
that Franchise Certificate No. 448 in the name of Blizard Motor Express, 
Inc., be and the same is hereby cancelled. 

It Is Further Ordered, that the certificate of Piedmont Mountain 
Freight Lines, Inc., No. 502, be amended accordingly. 

This the 17th day of March, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2874. 



336 N. C. Utilities Commission 

PETITION OF THE PIEDMONT MOUNTAIN FREIGHT LINES, 
INCORPORATED, TO HYPOTHECATE FRANCHISE CERTIFI- 
CATES. 

Order 

The Piedmont Mountain Freight Lines, Inc., has previously hypothecated 
its Certificate No. 502 to the North Western Bank of North Wilkesboro 
for the sum of $9,500.00. It has recently purchased the Blizard Motor 
Express, Inc., and paid $15,000.00 therefor. The applicant sets forth the 
fact that it must refinance in order to acquire the additional lines pur- 
chased at receiver's sale under order of Court, which purchase has been 
approved by this Commission as ordered by the Superior Court. 

The applicant now desires to hypothecate Certificate No. 502 to Mr. 
C. D. Coffey, Sr., of North Wilkesboro, for the sum of $13,500.00 and pay 
the North Western Bank the sum due it, and in addition liquidate a chat- 
tel mortgage of approximately $4,000.00. 

In addition to the above, the franchise acquired by the purchase of Bliz- 
ard Motor Express, Inc., has been issued to the applicant in the form of 
Certificate No. 502-B. Applicant now desires to hypothecate said certificate 
to the First National Bank of Mt. Airy for the sum of $10,000.00 as a 
first lien against said certificate and in addition thereto desires to make 
a second hypothecation of Certificate No. 502-B to Mr. C. D. Coffey, Sr., 
of North Wilkesboro, subject to the first lien to the First National Bank. 
Applicant states that all monies to be acquired by these hypothecations 
will be used to pay the indebtedness now held by the North Western Bank 
of North Wilkesboro in the sum of $9,500.00 and the chattel mortgage in 
the sum of approximately $4,000.00, the $10,000.00 to be obtained from 
the First National Bank and the $5,000.00 to be obtained from Mr. C. D. 
Coffey, Sr., to be paid to the receiver of Blizard Motor Express, Inc., for 
the franchise rights transferred to the applicant in Certificate No. 502-B, 
plus the personal property of the Blizard Motor Express, Inc. 

The money to be received by the Receiver at the Court sale will be used 
to settle the obligations of the Blizard Motor Express, Inc., which has 
given the Commission some concern for many months and the Commis- 
sion is influenced in its approval of these hypothecations, to a great extent, 
by desire to have the obligations of Blizard Motor Express, Inc., paid. 

The Commission has discussed this matter with the parties representing 
all interests in connection with the hypothecation and loans and is of the 
opinion that the approval of same is in the public interest and that the 
applicant will be able to work the matter out by practicing diligent econ- 
omy. It is, therefore, 

Ordered, that the application for hypothecation of Franchise Certificate 
No. 502 to C. D. Coffey, Sr., for the sum of $13,500.00 be and the same 
is hereby approved when the North Western Bank of North Wilkesboro 
has been paid in full. And it is 

Further Ordered, that the application for the hypothecation of Fran- 
chise Certificate No. 502-B to the First National Bank of Mt. Airy in the 
sum of $10,000.00 be and the same is hereby approved. And it is 

Further Ordered, that the application for the hypothecation of Fran- 
chise Certificate No. 502-B to C. D. Coffey, Sr., of North Wilkesboro, in 



Decisions and Adjustments of Complaints 337 

the sum of $5,000.00 be and the same is hereby approved, subject to the 
hypothecation, hereinbefore mentioned, to the First National Bank of Mt. 
Airy. And it is 

Further Ordered, that the applicant create a separate account for 
C.O.D. collections and that such collections be paid to shippers within ten 
days after such collections or as soon thereafter as is possible. 

This the 18th day of March, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2874. 



INCORPORATION OF THE PIEDMONT MOUNTAIN FREIGHT 

LINES. 

Order 

The Commission has been advised that the above-named motor vehicle 
carrier, located at North Wilkesboro, has been incorporated under the laws 
of the State of North Carolina, on February 20, 1943, and since Certificates 
Nos. 502, 502-A and 502-B are outstanding in the name of the said Pied- 
mont Mountain Freight Lines as a partnership, it is now hereby 

Ordered, that said certificates be amended so as to show that they 
are now standing in the name of Piedmont Mountain Freight Lines, In- 
corporated. 

By Order of the Commission. 

This the 28th day of April, 1943. 

N. C. UTILITIES COMMISSION. 
R. O. Self, Chief Clerk. 
Docket No. 2874. 



PIEDMONT MOUNTAIN FREIGHT LINES, INC., PURCHASE OF C. & 
S. MOTOR EXPRESS COMPANY. 

Order 

This cause arises upon the application of Piedmont Mountain Freight 
Lines, Inc., to purchase C. & S. Motor Express Company, which holds a 
franchise to operate freight trucks between North Wilkesboro and Win- 
ston-Salem over Highway No. 421 via Yadkinville and Brooks Cross Roads. 

The purchaser operates lines all around the franchise line of the C. & S. 
Motor Express Company and the acquisition of the franchise of the said 
C. & S. Motor Express Company will coordinate the territory served by 
the purchaser. 

Mr. E. F. Caudill, owner of the C. & S. Motor Express Company, guar- 
antees the payment of all outstanding C.O.D. and interline accounts of 
the C. & S. Motor Express Company and the purchaser assumes the obli- 



338 N. C. Utilities Commission 

gation of seeing that they are paid; therefore, the acquisition by the 
applicant is found to be in the public interest and, it is 

Ordered, that the application be granted. 

This the 1st day of November, 1943. 

Stanley Winborne, Chairman 



Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 3013. 



APPLICATION OF THE PIEDMONT MOUNTAIN FREIGHT LINES, 
INC., TO SELL THAT PART OF ITS OPERATION RECENTLY 
PURCHASED FROM C. & S. MOTOR EXPRESS COMPANY. 

Order 

This cause arises upon the application of Piedmont Mountain Freight 
Lines, Incorporated, to sell to E. F. Caudill that part of motor vehicle 
operation for the transportation of property formerly owned by him and 
contained in Franchise Certificate No. 421, between Winston-Salem, North 
Carolina, and North Wilkesboro, via Yadkinville and Brooks Cross Roads. 

The operating rights desired to be transferred by this order were orig- 
inally owned by E. F. Caudill and were sold to the Piedmont Mountain 
Freight Lines, Incorporated, effective November 1, 1943. Certain disagree- 
ments have arisen about which the said E. F. Caudill is not now satis- 
fied, and he has arranged with the Piedmont Mountain Freight Lines, In- 
corporated, for the return of said property to him, and the Piedmont 
Mountain Freight Lines, Incorporated, and E. F. Caudill, formerly doing- 
business as C. & S. Motor Express Company, have made formal appli- 
cation for the transfer; therefore, since not quite thirty days have trans- 
pired since the purchase of the C. & S. Motor Express Company's fran- 
chise rights by the Piedmont Mountain Freight Lines, Incorporated, the 
Commission is of the opinion that the cancellation of said sale and the 
transfer of the rights back to E. F. Caudill, doing business as C. & S. 
Motor Express Company, will not be detrimental to the public interest; 
therefore, it is 

Ordered, that the said application be granted and that the transfer 
be made as applied for. 

This the 27th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3013. 



Decisions and Adjustments of Complaints 339 

PETITION OF PIEDMONT MOUNTAIN FREIGHT LINES, INC., TO 
HYPOTHECATE FRANCHISE CERTIFICATE NOS. 502, 502-A AND 
502-B TO THE BANK OF NORTH WILKESBORO, NORTH WILKES- 
BORO, N. C, AS ADDITIONAL SECURITY ON A LOAN OF 
$28,000 MADE BY SAID BANK AND ACCOMPANIED BY CHATTEL 
MORTGAGE. 

Order 

Upon petition of Piedmont Mountain Freight Lines, Inc., dated March 
17, 1943, authority was asked to hypothecate the certificates named in the 
above caption to C. D. Coffey, Sr., and the Commission authorized said 
hypothecation in its* order dated March 18, 1943, in Docket No. 2874. 

The petitioners, James E. Caudill and W. P. Billings, d/b/a Piedmont 
Mountain Freight Lines, Inc., now present evidence to the Commission 
that the indebtedness for which said certificates were previously hypothe- 
cated has now been satisfied, and that application was made to hypothe- 
cate said certificates with the Bank of North Wilkesboro, North Wilkes- 
boro, N. C, as additional security on the sum of $28,000. 

In addition to retirement made on the first indebtedness, there is evi- 
dence to the effect that a chattel mortgage has been paid off on equipment 
and other action taken to improve the financial conditions of the peti- 
tioners; therefore, it appears that the petitioners are laboring diligently 
to reduce the company's liabilities, and have the confidence of the financial 
institutions in their community; therefore, it is 

Ordered, that the petition be granted and that the proper notation be 
placed on said certificates to be hypothecated with the bank as requested. 

This the 3rd day of January, 1944. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 3055. 



APPLICATION OF PIEDMONT MOUNTAIN FREIGHT LINES, INC., 
FOR AUTHORITY TO SELL FRANCHISE RIGHTS BETWEEN 
GREENSBORO AND MOUNT AIRY VIA WINSTON-SALEM TO 
OVERNITE TRANSPORTATION COMPANY. 

Order Approving Sale 

Whereas, the Piedmont Mountain Freight Lines, Inc., a motor vehicle 
carrier of freight holding Franchise Certificates No. 502, 502-A and 502-B 
issued by this Commission has applied to the Commission for authority 
to sell and transfer its operating rights under Certificate 502-B between 
Mount Airy and Greensboro via Winston-Salem to J. H. Cochrane, trading 
as Overnite Transportation Company, a copy of the sale agreement be- 
tween said parties dated March 29, 1944, being attached to said applica- 
tion, and 

Whereas, upon consideration of the proposed sale and transfer and of 
the protest filed thereto by Frederickson Motor Express Corporation, 
Helms Motor Express, Miller Express Corporation, Smith's Transfer Cor- 



340 N. C. Utilities Commission 

poration and Thurston Motor Lines, the Commission is of the opinion and 
finds that said sale and transfer is not against the public interest, in that 
the said seller is heavily indebted, has insufficient equipment and help to 
properly and efficiently operate all the franchise rights it now holds and 
proposes to apply all of the greater part of the purchase price to its in- 
debtedness and devote itself to better service over the remaining portions 
of its franchise routes, and in that the purchaser has the equipment and 
help and is in financial condition to provide the required service in a satis- 
factory manner, 

It Is, Therefore, Ordered: 

1. That the sale and transfer by Piedmont Mountain Freight Lines, 
Inc., of its franchise rights from Mount Airy to Greensboro via Winston- 
Salem as described in its Franchise Certificate No. 502-B to J. H. Coch- 
rane, trading as Overnite Transportation Company, be, and the same is 
hereby, authorized and approved, upon condition that the said seller and 
the said purchaser be and remain jointly and severally liable for the pay- 
ment of all lawful claims arising from past operations by the seller under 
said certificate for (a) all taxes due the State of North Carolina other 
than income taxes, (b) all sums due shippers and other carriers for C.O.D. 
shipments handled, and (c) all interline accounts due other carriers. 

2. That upon written notice to the Commission by both parties hereto, 
that said sale and transfer has been consummated the seller's Franchise 
Certificate No. 502-B be cancelled as to said operating rights between 
Mount Airy and Greensboro via Winston-Salem and that the purchaser's 
Franchise No. 511 be amended to include said operating rights between said 
points. 

This 14th day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3094. 



Decisions and Adjustments of Complaints 341 

APPLICATION OF POLE CREEK BUS LINE OF CANDLER, N. C, 
TO OPERATE BEGINNING TRULL'S FARM ON MILK SICK COVE 
ROAD; THENCE OVER SAID ROAD TO POLE CREEK ROAD; 
THENCE OVER POLE CREEK ROAD TO ROBINSON'S STORE AND 
AT INTERSECTION OF MONTA VISTA ROAD; THENCE OVER 
MONTA VISTA ROAD TO ITS INTERSECTION WITH ASBURY 
ROAD; THENCE OVER ASBURY ROAD TO ENKA. 

Order 

This cause comes before the Commission on the above application. Mr. 
George Pennell, attorney for the applicant, states that the applicant is 
not further interested in the application. It is, therefore, 
Ordered, that the same be, and it is hereby, dismissed. 
This the 14th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 1481. 

DOCKET NO. 1512— APPLICATION OF QUEEN CITY COACH COM- 
PANY TO OPERATE AS PASSENGER CARRIER BETWEEN MOR- 
GANTON AND RUTHERFORDTON VIA N. C. 181. 

DOCKET NO. 2937— APPLICATION OF RUTHERFORD COUNTY 
TRANSIT COMPANY, INC., RUTHERFORDTON, N. C, FOR FRAN- 
CHISE CERTIFICATE TO OPERATE FROM THE CITY OF MOR- 
GANTON, N. C, OVER HIGHWAY NO. 64-A TO A POINT ABOUT 
ONE-HALF A MILE NORTH OF THE SETTLEMENT OF WEST- 
MINSTER. 

Order 
Appearances : 

Docket No. 1512 
For the Applicant: 

R. G. Cherry, Gastonia, N. C, Frank C. Patton, Morganton, N. C, 
and K. J. Kindley, Charlotte, N. C, and Oscar J. Mooneyham, 
Forest City, N. C. 
For the Protestant: 

Tillett & Campbell, Charlotte, N. C, for Rutherford County 

Transit Co. 
T. P. Pruitt, Hickory, N. C„ for Rutherford County Transit Co. 
I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corp. 

Docket No. 2937 
For the Applicant: 

Tillett & Campbell, Charlotte, N. C, and T. P. Pruitt, Hickory, N. C. 
For the Protestant: 

R. G. Cherry, Gastonia, N. C, K. J. Kindley, Charlotte, N. C, and 
Frank C. Patton, Morganton, N. C, for Queen City Coach Co. 
I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corp. 



342 N. C. Utilities Commission 

Hunter, Commissioner. The above applications are for motor vehicle 
franchise rights over the same route between Morganton and Rutherford- 
ton, the application in Docket No. 1512 having been filed on February 14, 
1939, and the application in Docket No. 2937 having been filed on July 6, 
1943, and both heard before a member of the Commission at Hickory on 
November 4, 1943, and subsequently heard before the Commission, in 
Raleigh, on February 18, 1944, upon the record, including exceptions noted 
before the hearing Commissioner. 

Upon consideration of all the testimony, briefs filed and argument of 
counsel for the respective parties, the Commission finds the following facts : 

1. That the Queen City Coach Company, the sole owner of the Greens- 
boro-Fayetteville Bus Line, is one of the larger intercity carriers of the 
State and holds interstate and intrastate rights and operates over approxi- 
mately 3,000 miles of highways, including U. S. Highway 70 betweeen 
Salisbury and Asheville via Morganton and over U. S. Highway 74 be- 
tween Charlotte and Asheville via Rutherf ordton ; that it owns and oper- 
ates 334 buses, maintains an operation of approximately 1,500,000 bus 
miles per month, and is in financial condition to perform the additional 
service proposed. 

2. That the Rutherford County Transit Company is a local franchise car- 
rier holding rights over a number of highways in said county and over 
one route outside from Rutherfordton to Shelby via Cliffside and Boiling 
Springs; that it was incorporated in 1942 with paid-in capital stock of 
$7,500.00, and now owns and operates seven buses, has cash and nego- 
tiable securities of $5,000.00, shop equipment and parts of the value of 
about $1,000.00, and a net worth of approximately $20,000.00; that it has 
no debts and is in financial condition to render the additional service pro- 
posed. 

3. That the distance between Morganton and Rutherfordton over the 
proposed route, formerly designated as N. C. Highway 181 and now as 
U. S. Highway 64-A, is approximately 30 miles; that said highway tra- 
verses a thickly populated area, particularly for about ten miles out of 
Morganton and Rutherfordton; that the Burke Transit Company, a local 
franchise carrier, operates from Morganton to Salem over the proposed 
route, a distance of about three miles, and the Rutherford County Transit 
Company holds franchise rights and operates over the proposed route 
from Rutherfordton to a point about one mile north of Westminster, a dis- 
tance of about 10 miles, leaving some 17 miles of the proposed route with- 
out common carrier service. 

4. That the Atlantic Greyhound Corporation, protestant, holds franchise 
rights and operates between Morganton and Shelby over N. C. Highway 
18, the distance between Morganton and Rutherfordton via Shelby, being 
64 miles, and 46 miles between Morganton and Rutherfordton via Marion. 

5. That Morganton and Rutherfordton are both county seats, both have 
hospitals to which people in great numbers travel, and both are centers 
of commercial and industrial activity necessary to the war effort; that 
approximately 30 witnesses from said towns and from intermediate vil- 
lages and settlements along the proposed route appeared at said hearing 
and from their testimony it appears that great numbers of industrial 
workers travel from Rutherford County to Morganton daily and a sub- 



Decisions and Adjustments of Complaints 343 

stantial number of people other than industrial workers travel to and 
from said towns, to and from points between, and by reason of existing tire 
and gasoline restrictions need the service proposed; that the witnesses 
appearing at the hearing expressed no preference for either applicant. 

6. That the Queen City Coach Company was granted interstate rights 
over the route in question on October 15, 1942, but has not commenced 
operations thereunder, and that it has not proceeded with due diligence to 
acquire rights under its instant intrastate application. 

Conclusions 

The need for transportation over the route involved has been brought 
about by the war, and doubtless will cease with the termination of the 
war. It is primarily a local service, and the route does not now appear to 
be a necessary link in any of the larger intercity transportation systems 
of the State. The Rutherford County Transit Company now holds fran- 
chise rights over about one-third of the route and is the local carrier 
serving the industrial plants of said county. It should not have its existing 
franchise duplicated for ten miles or more without more justification than 
appears on the present record. Then, too, its local operations appear to 
best conform to the transportation picture presently presented. 

It Is, Therefore, Ordered: 

1. That the application of the Queen City Coach Company in Docket No. 
1512, be, and the same is hereby denied and dismissed. 

2. That the application of the Rutherford County Transit Company, 
Inc., in Docket No. 2937, for motor vehicle franchise rights over U. S. 
Highway 64-A from the terminus of the existing franchise route at a 
point about one mile north of Westminster to Morganton, and return, be,, 
and the same is hereby granted, its franchise certificate to be amended 
accordingly, subject to the following conditions: 

a. That the rights herein granted shall cease and determine at the 
expiration of six months after the declaration of peace between the 
United States and the countries with which it is now at war, without 
prejudice, however, to the right of the applicant upon motion in the 
cause, after due notice to the parties of record, to renew its franchise 
for the usual statutory period of three years, upon a showing of public 
convenience and necessity therefor. 

b. That this order shall not become effective until operating authority 
shall have been approved by the Office of Defense Transportation, as 
required by Federal regulations. 

This the 13th day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Dockets Nos. 1512 and 2937. 



344 N. C. Utilities Commission 

APPLICATION OF QUEEN CITY COACH COMPANY FOR MOTOR 

VEHICLE FRANCHISE RIGHTS BETWEEN MARS HILL AND 

MARSHALL VIA N. C. 213. 

I 

Order 
Before Commissioner Hunter. 
Appearances : 

For the Applicant: 

L. B. Hollowell, attorney at law, Gastonia, N. C. 
For the Protestant: 

Burgin Pennell, attorney at law, Asheville, N. C„ for Mars Hill- 
Weaverville Bus Line. 
Hunter, Commissioner. After due notice, as required by law, the ap- 
plication of the Queen City Coach Company for motor vehicle franchise 
rights between Mars Hill and Marshall over State Highway 213 came on 
for hearing at Asheville on February 24, 1944. 

From the testimony offered by the respective parties for and against 
said application the Commission finds the following facts: 

1. That the applicant now holds intrastate and interstate franchise 
rights from Asheville to Mars Hill and points beyond, and under said 
rights operates five round trips per day, all of which pass through Mars 
Hill; that in addition to said five round trips, the Mars Hill-Weaverville 
Bus Line operates four round trips daily over the same route between 
Asheville and Mars Hill, making a total of nine round trips daily between 
said points. 

2. That the service rendered by the Mars Hill-Weaverville Bus Line 
is a local service, its franchise rights terminating at Mars Hill, which 
said rights it and its predecessors in interest have held for many years 
and under said rights served Asheville and Mars Hill and intermediate 
points before the applicant acquired rights to and through Mars Hill. 

3. That both the applicant and the Atlantic Greyhound Corporation 
hold franchise rights from Asheville to Marshall and points beyond and 
together operate nine round trips daily between said points. 

4. That the proposed route over State Highway No. 213 between Mars 
Hill and Marshall, a distance of about ten miles, has no public transpor- 
tation service; that it traverses a densely populated section of thousand 
or more potential passengers, and the proposed service will also provide 
much needed public transportation between Mars Hill and Marshall; that 
public convenience and necessity for transportation service between said 
towns was admitted by the parties and found from the testimony to exist. 

5. That there is no public demand or need for additional service be- 
tween Asheville and Mars Hill, or between Asheville and Marshall. 

6. That in the event the application is granted the applicant proposes 
to establish a local service between Marshall and Mars Hill on the one 
hand, and Asheville on the other, operating its buses from Asheville to Mar- 
shall, thence over the proposed route to Mars Hill, and from Mars Hill 
to Asheville, and also in the reverse direction. 

7. That if the applicant's service is performed in the manner outlined 
in the preceding paragraph, it will seriously affect and impair the service 






Decisions and Adjustments of Complaints 



345 



now being rendered by the Mars Hill-Weaverville Bus Line between Mars 
Hill and Asheville. 

It Is, Therefore, Ordered, that the application of Queen City Coach Co. 
to operate over State Highway 213 between Marshall and Mars Hill, be, 
and the same is hereby granted, subject to the following conditions: That 
service hereunder be limited either to a shuttle service between Mars Hill 
and Marshall, or to diverting regular schedules over said Highway 213; 
that is to say, that the applicant shall not be permitted under this order 
to establish local schedules between Asheville and Mars Hill, or between 
Asheville and Marshall, and that the applicant's franchise certificate be 
amended as herein limited. 

This the 1st day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 1996. 

APPLICATION OF QUEEN CITY COACH COMPANY FOR MOTOR 
VEHICLE FRANCHISE RIGHTS BETWEEN MARS HILL AND 
MARSHALL VIA N. C. HIGHWAY NO. 213. 

Order Overruling Exceptions in Part 



To the Commission's order herein, dated the first day of March, 1944, 
the applicant, the Queen City Coach Company, filed exceptions as appear 
of record, and upon consideration of the same and upon the argument of 
counsel with respect thereto, the Commission is of the opinion that the 
clause, "or between Asheville and Marshall" in the last sentence of said 
order should be stricken out and the exceptions filed by the applicant sus- 
tained to that extent. 

It Is, Therefore, Ordered, that the clause above-mentioned be stricken 
from the Commission's order of March 1, 1944, and that the exceptions filed 
by said applicant in all other respects be, and the same are, hereby over- 
ruled. 



This the 28th day of September, 1944. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 1996. 



346 N. C. Utilities Commission 

QUEEN CITY COACH COMPANY, APPLICATION FOR FRANCHISE 
CERTIFICATE TO OPERATE AS PASSENGER CARRIER FROM 
CLINTON TO WILMINGTON, VIA U. S. NO. 421. 

Order 

This matter came before the Commission for consideration, and on 
presentation of a letter by Mr. I. M. Bailey, attorney for the Atlantic 
Greyhound Corporation, addressed to Mr. W. E. Smith, attorney for the 
Queen City Coach Company, evidencing agreement of the Queen City 
Coach Company to withdraw its application in this docket, it is 

Ordered, that the agreement be approved and that entry be so made 
on the docket. 

This the 13th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2304. 

PETITION OF QUEEN CITY COACH COMPANY TO AMEND CON- 
TRACT BETWEEN RUTHERFORD COUNTY TRANSIT COM- 
PANY AND CAROLINA SCENIC COACH LINES. 

Order 

Appearances : 

R. G. Cherry, Gastonia, for the petitioner, Queen City Coach Co. 
C. W. Tillett, Charlotte, for the respondents, Rutherford County 
Transit Co., and Carolina Scenic Coach Lines. 

Hunter, Commissioner. This cause, heard in Charlotte on October 29, 
1942, arises upon a petition and motion of the Queen City Coach Company, 
herein called "Queen", to reconsider and revoke approval of a certain 
lease agreement made and entered into by and between the Carolina Scenic 
Coach Lines, herein called "Carolina", and the Rutherford County Transit 
Company, herein called "Rutherford". The facts found are as follows: 

Queen and Carolina are franchise carriers of passengers and both hold 
franchise rights over U. S. Highway No. 74 between Rutherfordton and 
Forest City. From Forest City Queen operates east to Charlotte, and 
Carolina operates south through Cliffside to points in South Carolina. 

In March, 1942, Rutherford applied to the Commission for franchise 
rights over certain highways in Rutherford County, which included said 
Highway 74 between Rutherfordton and Forest City. Queen and Carolina 
were notified of said application and the time and place of the hearing 
thereon, and both appeared at said hearing on April 17, 1942, as pro- 
testants to said application. Upon the call of the case for hearing they 
mutually agreed to withdraw their protests provided the then applicant, 
Rutherford, would agree that its franchise, if granted, contain the fol- 
lowing restrictions: 

"This franchise certificate is granted with the restriction that the 

grantee of the certificate will not pick up any passengers within one- 



Decisions and Adjustments of Complaints 347 

half mile of the routes covered by franchise issued to Carolina Scenic 
Coach Lines and Queen City Coach Company." 

Rutherford agreed and neither Queen nor Carolina participated further 
in the hearing. The Commission issued its order on May 20, 1942, grant- 
ing the rights requested, which order included the restriction agreed upon 
as above quoted. The Commission approved said restriction, but upon 
conditions set out in said order, to wit: 

"The foregoing agreement is approved by the Commission upon con- 
dition that the Carolina Scenic Coach Lines and the Queen City Coach 
Company render adequate local service to the public within the restricted 
areas." 

Rutherford began operating under its franchise, but found the restric- 
tions agreed upon unsatisfactory, and also found a need for local service 
over Carolina's line between Forest City and Cliffside. It subsequently 
entered into negotiations with Carolina, which resulted in the lease agree- 
ment in question. This agreement provides, among other things, that 
Rutherford shall have the right under Carolina's franchise to transport 
passengers between Rutherfordton and Cliffside and intermediate towns, 
including Spindale and Forest City. It also provides for honoring the 
tickets of either carrier between said points, for an accounting monthly 
on such exchange tickets, for payment by Rutherford to Carolina for 
operating rights under said lease, and for other things not considered 
material in this case. 

The negotiations leading up to the executions of said lease agreement 
on June 29, 1942, its submission to and approval by the Commission on 
July 6, 1942, were all without notice to Queen and without its knowledge 
or consent. Queen contends that it has rights in the matter which it at- 
tempted to protect by a solemn agreement made at the hearing before the 
Commission in April, and upon the faith of said agreement withdrew its 
protest. 

Said lease agreement was transmitted to the Commission by mail to- 
gether with a letter requesting its immediate approval. Neither the lease 
nor the letter suggests an intention to set aside the agreement made at 
the hearing in April. Rutherford had the right under its 'restricted fran- 
chise to operate over Highway 74 between Rutherfordton and Forest 
City, and that right was neither expressly nor by implication enlarged 
or further restricted by said lease agreement insofar as the right to pick up 
passengers within one-half mile of the franchise routes of Queen and 
Carolina is concerned. Assuming that said lease agreement and the agree- 
ment providing for restrictions relate to the same subject matter, as they 
now appear to do, said agreements should be construed together and effect 
given to both, as we understand the rule for construction in such cases. 
Moreover, the agreement which prohibits Rutherford from picking up 
passengers within one-half mile of the routes of Queen and Carolina, while 
an agreement between the parties, is also an order of the Commission and 
is not to be set aside by a subsequent agreement, even though approved by 
the Commission, unless it expressly or by unmistakable implication ap- 
prizes the Commission that such is its purpose and effect. 

Other considerations now present themselves. Rutherford is now ren- 
dering a very fine local transportation service under said lease. In addi- 
tion to its other routes in the Rutherfordton section, it is now transport- 



348 N. C. Utilities Commission 

ing from 700 to 800 passengers daily over the route between Rutherfordton 
and Cliffside, mostly industrial workers. If it is required to surrender its 
lease and return to operations under said restrictions it is improbable that 
either Queen or Carolina could meet the demand for local service. 

It may be that Queen has been traded out of its day in court, but the best 
interest of the traveling public is paramount, and to that end the Com- 
mission and carriers alike should correct their mistakes. It is, therefore, 

Ordered: 1. That the petition and motion of the Queen City Coach 
Company be, and the same is hereby, denied. 

2. That the Rutherford County Transit Company's operating rights 
over the franchise routes of the Queen City Coach Company shall be 
deemed war emergency rights, and shall not be sold, leased or otherwise 
transferred, and shall cease and determine upon a showing before the 
Commission by Queen City Coach Company, after due notice, that public 
convenience and necessity therefor no longer exists. 

This 8th day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No: 2558. 

DOCKET NO. 2831— APPLICATION OF QUEEN CITY COACH COM- 
PANY TO OPERATE BETWEEN LILLINGTON AND THE JUNC- 
TION OF N. C. 210 AND N. C. 50 VIA N. C. 210. 

Order 

This cause arises upon the presentation to the Commission of an agree- 
ment between Queen City Coach Company, Carolina Coach Company, 
Carolina Coach. Company of Virginia, Fort Bragg Coach Company and 
Greensboro-Fayetteville Bus Line, Inc., in which agreement in Paragraph 
9, Page 3, Queen City Coach Company withdraws its application in Docket 
No. 2831, and agrees for the Commission to hear Docket No. 2739, appli- 
cation of Carolina Coach Company for a franchise to operate between 
Smithfield and Lillington via Angier, over N. C. 210; therefore, the pur- 
pose of this record is to comply with said agreement, and it is 

Ordered, that said Docket No. 2831 be, and the same is hereby with- 
drawn and closed. 

This 15th day of October, 1943. 

N. C. UTILITIES COMMISSION. 
R. O. Self, Chief Clerk. 
Docket No. 2831. 



Decisions and Adjustments of Complaints 349 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
BETWEEN FAYETTEVILLE AND ELIZABETHTOWN AS FOL- 
LOWS: (a) FROM FAYETTEVILLE TO THE JUNCTION OF N. C. 
53 AND U. S. 701 VIA N. C. 53; (b) FROM JUNCTION N. C. 53 
AND U. S. 701 TO ELIZABETHTOWN VIA U. S. 701; BETWEEN 
DUBLIN AND LUMBERTON VIA N. C. 41. 

Order 

Before Commissioners Hunter and Johnson. 
Appearances: 

For Applicant: 

R. G. Cherry, attorney at law, Gastonia, N. C 
For Protestants : None. 

Johnson, Commissioner. The Commission called for hearing in this 
docket, which is the application of Queen City Coach Company to operate 
over the routes heretofore described, in Raleigh, N. C, on the 7th day 
of October, 1943. 

The applicant, Queen City Coach Company, offered several witnesses 
living along Highway N. C. 53 between Fayetteville and Elizabethtown 
who testified as to the necessity for public transportation between Fayette- 
ville and Elizabethtown over N. C. Highway 53. It appears that Highway 
53 parallels N. C. Highway 87 which leads from Fayetteville to Eliza- 
bethtown. However, the Cape Fear River parallels the two highways and 
separates them, and the people living along Highway 53 have no mode 
of public transportation. The Queen City Coach Company is at the present 
time operating a franchise over N. C. Highway 87 between Fayetteville 
and Elizabethtown. 

Ample testimony was also offered to show convenience and necessity 
over Highway N. C. 41 between Dublin and Lumberton. 

It Is, Therefore, Ordered, that franchise certificate be issued to the 
applicant, Queen City Coach Company, to operate over the routes applied 
for in this application upon compliance with the law and the rules and 
regulations of this Commission. 

This, the 22nd day of December, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2967. 



350 N. C. Utilities Commission 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
FROM SPRUCE PINE, N. C, TO THE NORTH CAROLINA-TEN- 
NESSEE LINE OVER N. C. 26 VIA BAKERSVILLE, FINAL DES- 



TINATION UNICOI, TENN. 



Order 



Before Commissioner Hunter. 
Appearances : 

For the Applicant: 

L. B. Hollowell, Gastonia, North Carolina. 
For the Protestants: None. 

Hunter, Commissioner. After due notice, as required by law, the appli- 
cation herein came on for hearing at Asheville on February 24, 1944, and 
from the testimony the Commission finds the following facts: 

1. That the proposed route traverses Mitchell County from Spruce Pine 
to the Tennessee line, a distance of approximately 30 miles, and will serve 
Bakersville, the county seat of said county, and a number of other small 
towns. 

2. That the area traversed by the proposed route is not served by any 
other passenger carrier, Mitchell County being one of the few counties 
of the State not served by one or more bus lines. 

3. That a large number of citizens living along the proposed route ap- 
peared at the hearing and strongly supported the application, and whose 
testimony clearly establishes a public demand and need for the proposed 
service. 

4. That the application does not involve any duplication of existing^ 
service or any competition with existing lines, and was unopposed. 

Upon the testimony offered, the Commission finds public convenience and 
necessity for the proposed service. 

It Is, Therefore, Ordered: 

That the application of Queen City Coach Company for motor vehicle 
franchise rights to transport passengers from Spruce Pine to the North 
Carolina-Tennessee line via Bakersville over State Highway 26, and return, 
be and the same is hereby granted and that the applicant's certificate be 
amended accordingly upon compliance with the rules and regulations of 
the Commission. 

This, the 1st day of March, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 2979. 



Decisions and Adjustments of Complaints 351 

APPLICATION OF QUEEN CITY COACH COMPANY TO OPERATE 
AS MOTOR VEHICLE CARRIER BETWEEN SHELBY AND GRO- 
VER VIA N. C. 26. 

Order Permitting Withdrawal 

Whereas, the above application was filed with this Commission on Oc- 
tober 14, 1943, and set for hearing in Charlotte, N. C, on Monday, No- 
vember 8, 1943, at 10 A. M. o'clock, and letter has been received from 
Mr. K. J. Kindley, attorney for the applicant, advising that his client 
desires to withdraw said application; therefore, 

It Is Ordered, that the motion to withdraw is granted and the case is 
hereby ordered closed. 

This 27th day of October, 1943. 

N. C. UTILITIES COMMISSION. 
R. O. Self, Chief Clerk. 

Docket No. 2996. 

LEASE AGREEMENT BETWEEN QUEEN CITY COACH COMPANY 
AND CHARLOTTE SUBURBAN LINES, INC., NORTH CAROLINA 
CORPORATIONS, AND THE HEATH SPRINGS BUS LINES, INC., 
A SOUTH CAROLINA CORPORATION. 

Order 

This cause arises upon the presentation of the above agreement for 
approval by the Commission. 

The Agreement provides for the leasing by the Queen City Coach Com- 
pany to the lessor, the Heath Springs Bus Lines, Inc., certain of its fran- 
chise rights as follows: 

(a) Between Charlotte, N. C, and Marshville, N. C, via U. S. High- 
way 74. 

(b) Between Charlotte, N. C, and Pageland, S. C, via U. S. Highway 

74 and N. C. and S. C. Highways 151. 

(c) Between Charlotte, N. C, and Monroe, N. C, via N. C. Highways 
16 and 84. 

(d) Between Charlotte and Monroe, N. C, via N. C. Higlrways 16 and 

75 via Waxhaw, N. C. 

(e) Between Charlotte, N. C, and Lincolnton, N. C, via N. C. High- 
way 27. 

(f) Between Charlotte and Kings Mountain, N. C, via U. S. Highways 
29 and 74 and N. C. Highways 7 and 274. 

The Charlotte Suburban Lines, Inc., has executed a lease to the Heath 
Springs Bus Lines, Inc., covering certain of its franchise lines as follows: 

(a) From the junction of U. S. Highway 29 and Mecklenburg County 
Highway 189 to the junction of Mecklenburg County Highway 189 
and Mecklenburg County Highway 207 via Mecklenburg County 
Highway 189. 

(b) From the junction of Mecklenburg County Highway 189 and Meck- 
lenburg County Highway 205 to Dixie ' via Mecklenburg County 
Highway 205. 

(c) From Dixie to Shopton via Mecklenburg County Highway 18. 

<d) From Shopton to the junction of Mecklenburg County Highway 211 
and N. C. Highway 49 via Mecklenburg County Highway 211. 



352 N. C. Utilities Commission 

(e) From the junction of Mecklenburg County Highway 34 and N. C. 
Highway 49 to the junction of Mecklenburg County Highway 2 and 
Mecklenburg County Highway 34 via Mecklenburg County High- 
way 34. 

(f) From the junction of N. C. Highways 16 and 51 to Pineville, via 
N. C. Highway 51. 

(g) From Pineville to the United States Rubber Plant via Mecklenburg- 
County Highways 33 and 32. 

It appears from the lease that the Charlotte Suburban Lines, Inc., has 
made a contract with the United States Rubber Company which owns 
and operates a war emergency plant in the County of Mecklenburg, and 
that the Charlotte Suburban Lines has under lease from the Queen City 
Coach Company certain operating rights over some of the roads which 
are named herein and its own lines, and the purpose of this lease appears 
to be to continue to carry out the contract between the Queen City Coach 
Company and the Charlotte Suburban Lines, Inc., with the United States 
Rubber Company. The leases with the United States Rubber Company are 
for the purpose of transporting employees of the said company to and 
from their homes who live over a very wide area in Mecklenburg and ad- 
joining counties. 

The terms of the leases made between the Charlotte Suburban Lines 
and the Queen City Coach Company and between both these carriers and 
the United States Rubber Company are generally known to the Commis- 
sion. 

In order to conform to the laws of the State of North Carolina and to 
the rules of the Commission, the Heath Springs Bus Lines, Inc., has filed 
an application for approval in order to be in a position to contract with 
the common carriers named herein to operate the lines mentioned in the 
lease. 

It appears from the application that the applicant, the Heath Springs 
Bus Lines, Inc., is able, fit and willing to carry out the provisions of the 
contract; therefore, it is 

Ordered, that the lease be approved and that the application be ap- 
proved for the life of the lease, or until said lease has otherwise been ter- 
minated, and that Heath Springs Bus Lines, Inc., keep on file with this 
Commission public liability and property damage insurance as required 
by law in the amounts required by this Commission, and pay the taxes 
required by law, and otherwise conform with the law and rules and regu- 
lations of the Commission; and it is 

Further Ordered, that a franchise certificate be issued, the life of which 
shall terminate with the expiration of the lease as provided herein. 

This 10th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 3019. 



Decisions and Adjustments of Complaints 353 

APPLICATION (AS AMENDED) OF R. & R. TRANSIT COMPANY, 
INC., TO OPERATE AS PASSENGER CARRIER FROM ASHEBORO 
TO COLERIDGE OVER HIGHWAY NO. 902; FROM COLERIDGE 
TO RAMSEUR OVER HIGHWAY NO. 22; AND FROM FRANKLIN- 
VILLE TO CEDAR FALLS OVER HIGHWAY NO. 22 AND AN UN- 
NUMBERED COUNTY HIGHWAY. 

Order 

Before Commissioners Hunter and Johnson. 
Appearances : 

For Applicant: 

J. D. Ross, Jr., Asheboro, N. C, for R. & R. Transit Company, Inc. 
For Protestants: 

I. M. Bailey, Raleigh, N. C, for Atlantic Greyhound Corporation. 
W. E. Smith, Albemarle, N. C, and K. J. Kindley, Charlotte, N. C, 
for Queen City Coach Company and Greensboro-Fayetteville Bus 
Company. 

Johnson, Commissioner. It appears from the evidence that there is 
now pending applications by Greensboro-Fayetteville Bus Company and 
Atlantic Greyhound Corporation for franchise to operate over Highway 
No. 22 from Coleridge to Ramseur. The applicant offered evidence show- 
ing that there are at the present time several cotton mills located on the 
route applied for and due to the shortage of tires and gasoline the em- 
ployees of said mills are without public transportation to go to and from 
their work, and the evidence clearly shows convenience and necessity along 
the route applied for. It is, therefore, 

Ordered, that the application of the R. & R. Transit Company, Inc., be 
granted from Asheboro over Highway No. 902 to Coleridge, and from 
Franklinville over Highway No. 22 and an unnumbered county highway 
to Cedar Falls; 

That the application from Coleridge to Ramseur over Highway No. 22 
be granted for the duration of the war and six months thereafter, with- 
out prejudice to the rights of the applicant for re-instatement of this 
application at the time the applications of Atlantic Greyhound Corpora- 
tion and Greensboro-Fayetteville Bus Company are heard. 

This 23rd day of March, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2973. 






354 N. C. Utilities Commission 

APPLICATION AS AMENDED AT THE HEARING OF J. O. RENFRO 
t/a RENFRO TRANSPORT COMPANY, WENDELL, N. C, FOR 
FRANCHISE CERTIFICATE TO TRANSPORT UNMANUFAC- 
TURED TOBACCO AND ACCESSORIAL COMMODITIES (ACCES- 
SORIAL COMMODITIES BEING DEFINED AS: HOGSHEADS, 
TIERCES, SHEETS, BALES, BOXES, BASKETS AND SUCH OTHER 
ACCESSORIES USED IN THE HANDLING OF TOBACCO), FER- 
TILIZER, BRICK, LIME, CEMENT, CINDER BLOCKS, CONCRETE 
BLOCKS, CONCRETE PIPE, LUMBER, COTTON, COTTON SEED, 
HOUSEHOLD GOODS, FURNITURE AND HAY IN TRUCK LOADS 
TO POINTS EAST OF AND INCLUDING GREENSBORO ON FER- 
TILIZER AND TO POINTS EAST OF AND INCLUDING BURLING- 
TON ON ALL OTHER COMMODITIES ABOVE NAMED. 

Order 

Hearing on the above entitled application was had before the full Com- 
mission on March 23, 1944. 
Appearances : 

For the Applicant: 

Willis Smith, Raleigh, N. C. 
For the Protestants: 

Marshall T. Spears, Durham, N. C, for Burton Lines, Inc., Clay 
Transfer Co., Forbes Transfer Co., H. W. Miller Transfer, Vance 
Trucking Co., Inc., Transport Corporation of Virginia, Martin 
County Transfer Co., Inc., Hardy's Transfer, Hennis Freight 
Lines, Barnes Truck Line, Collins Transfer & Storage, Henderson 
Bonded Lines and Branch Transfer. 
R. L. Askea, Wilson, N. C, for Britt Transportation Co. and 

Smith's, Inc. 
R. N. Simms, Jr., of Raleigh, N.C., for Norfolk Southern Rwy. 
Co. and Norfolk Southern Bus Corporation. 

Winborne, Chairman. The application as originally filed was broader 
in scope and included many more commodities than appear in the applica- 
tion as set out in the caption, but immediately upon this docket being 
called for hearing the applicant, through its attorney, stated that an 
agreement had been reached with certain regular route franchise opera- 
tors to eliminate from the instant application certain commodities, and 
that as a result of said agreement said regular route franchise operators 
would not enter protest. The application was then amended to read as 
appears in the caption, including the definition of accessorial commodities. 

The applicant, R. O. Renfro, testified that in 1941 he began operating 
trucks as a contract carrier and from then until now he had transported 
tobacco, fertilizers, cinder blocks, feed, cotton, hardware equipment, brick 
and some hay in full truck loads. He also stated that he had hauled some 
groceries, but that he had eliminated groceries from his application. He 
stated that he had two 1941 model trucks and that he could lease another 
truck and driver from the Renfro-Whitley Tobacco Company, in which 
company he held stock. He testified that he had hauled tobacco from 
Wendell to Durham, Farmville, Rocky Mount, Goldsboro and Wilson, and 



Decisions and Adjustments of Complaints 355 

from Louisburg to Durham and Rocky Mount, and from Louisburg, San- 
ford, Carthage, Aberdeen, Fuquay, Elizabethtown, Clinton, Warrenton, 
Smithfield and Durham to Wendell. He admitted that he had never 
hauled any tobacco to Burlington, but that he wanted the right to do so. 
The total amount of tobacco hauled between the various points named 
from March 15, 1941 to March 10, 1944, in his individually owned trucks 
amounted to 4,583,901 pounds. 

He further testified that he had hauled fertilizer from Wilmington to 
Wendell and Raleigh and surrounding territory, and from Greensboro 
to Wendell, Raleigh and surrounding territory, and that from March 15, 
1941, through March 10, 1944, his fertilizer movement amounted to 2,491 
tons. 

He also testified that his movements of cinder blocks was from Raleigh 
to the defense projects along the eastern coast of North Carolina, includ- 
ing Wilmington, Cherry Point, Camp Butner, Camp Mackall, New River, 
Fort Fisher, Morehead City, Beaufort, Fayetteville, Goldsboro and Holly 
Ridge, and that the total tonnage of cinder blocks moved amounted to 3,732. 

The witness further testified that his movement of cotton amounted to 
only 220 bales. 

The witness Renfro went into details as to who and how much tobacco 
he hauled for various concerns and between what points, all of which is 
set forth in the record. 

In support of the contentions of the applicant, testimony was offered 
by Mr. J. S. Harvey of the Central Leaf Tobacco Company of Durham, 
N. C; Mr. T. A. Ricks, connected with Mr. W. L. Robinson, a tobacconist 
of Durham; Mr. T. J. Gills of the James I. Miller Tobacco Company, Wil- 
son; Mr. M. E. Doggett of the J. D. Taylor Tobacco Company, Goldsboro, 
all of whom testified that they had used the service of the applicant, found 
it satisfactory and that, in their opinion, there was need for his service. 
These witnesses explained the need for prompt movement of tobacco and 
stated that at times trucks were not available for the expeditious move- 
ment required and that any curtailment in the existing service would work 
a hardship upon the public. 

Mr. Jake May, a fertilizer dealer and farmer of Wendell, and Mr. W. E. 
Stott, connected with R. B. Whitley & Son of Wendell, both testified that 
they had used the service of the applicant and that it was absolutely satis- 
factory. Mr. May's use of the applicant's service had been confined to 
fertilizer, while that of R. B. Whitley & Son included fertilizer, cotton and 
brick. Mr. Stott testified that applicant had hauled cotton from Wendell 
to Durham, Burlington, Swepsonville and Clayton, and a load or two from 
Wilson to Clayton. He said that the brick movement was from the Chero- 
kee Plant to Wendell. He also stated that there were now an insufficient 
amount of trucks available for his fertilizer movement. 

The protestants offered no testimony. 

Findings of Fact 

The Commission finds as a fact: 

1. That the applicant's movement of tobacco on his own bills of lading 
between various points and places within North Carolina over irregular 



356 N. C. Utilities Commission 

routes has established public convenience and necessity for his service in 
the movement of unmanufactured tobacco between all points and places 
from and to which tobacco moves east of and including Burlington, to- 
gether with accessorial commodities as denned in the caption hereof. 

2. Aside from tobacco, the Commission concludes from the evidence that 
there is no demand for the applicant's service for the other commodities 
enumerated in the application, except for movements originating in or des- 
tined to Wendell and adjacent territory to and from other points and 
places in the State, and that the need for this service for these commodi- 
ties, other than tobacco, is confined to occasional movements to and from 
Wendell and its vicinity. 

Wherefore, It Is Ordered: 

That upon compliance with the rules and regulations of this Commis- 
sion, a franchise certificate be issued to the applicant authorizing: 

1. The transportation of unmanufactured tobacco and accessorial com- 
modities between any and all points in North Carolina east of and in- 
cluding Burlington over irregular routes. 

2. For the transportation over irregular routes of truck load movements 
of fertilizer, brick, lime, cement, cinder blocks, concrete blocks, concrete 
pipe, lumber, cotton, cotton seed, household goods, furniture, and hay origi- 
nating within a radius of 35 miles of the Town of Wendell destined to 
other points or places within the State east of Greensboro, or originating 
in towns and places in North Carolina east of Greensboro and destined 
to Wendell or some point within a 35-mile radius of Wendell. 

This, the 13th day of May, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3075. 

DOCKET NO. 2152— APPLICATION OF PAUL T. RICKS. 
DOCKET NO. 2639— APPLICATION OF CAROLINA COACH CO. 
DOCKET NO. 2769— APPLICATION OF COLONIAL BUS LINES. 

Order Overruling Exceptions 

This cause again came before the Commission on February 19, 1943, 
upon exceptions, as appear of record, filed by Colonial Bus Lines and 
Carolina Coach Company to the findings and order made herein, dated 
December 18, 1942. 

Colonial's Exception No. 1 and Carolina's Exceptions Nos. 4 and 5 chal- 
lenge the validity of the proceedings by which rights were granted to 
Paul T. Ricks upon the alleged grounds that Ricks did not file the usual 
and formal application for the rights granted and did not give notice by 
publication, as required by statute. We cannot sustain said exceptions 
for two reasons. 



Decisions and Adjustments of Complaints 357 

(1) Ricks filed a formal application on December 20, 1940, Docket No. 
2152, for the identical operating rights assailed by said exceptions, which 
said application was heard before the Commission after due notice by 
publication, as required by statute. Upon consideration of said applica- 
tion and the testimony offered at said hearing the Commission granted 
certain operating rights applied for but did not grant the rights then 
applied for over State Highway No. 43 between Greenville and Norlina, 
but expressly reserved the right to do so in the future "upon more con- 
vincing evidence of financial ability and necessity." After Colonial and 
Carolina filed their respective applications, Dockets Nos. 2769 and 2639, 
for rights over portions of said Highway No. 43 between Rocky Mount 
and Norlina, Ricks notified said applicants of his purpose to appear at 
the hearing on said applications of Colonial and Carolina upon a motion 
to reopen his said application for further consideration upon additional 
testimony with respect to rights between Greenville and Rocky Mount over 
said Highway No. 43. Both Colonial and Carolina received notice of said 
motion ten days in advance of the hearing thereon and both appeared at 
said hearing and offered testimony. They could not have been surprised, 
inconvenienced or in any way prejudiced by being required to respond to 
a motion, upon due notice, rather than to a new application. We are of 
the opinion that a motion in the cause upon the original application which 
the Commission expressly retained for further consideration was the proper 
procedure. 

(2) Both Colonial and Carolina having received actual notice of the 
proceedings and having entered a general appearance and offered testi- 
mony in opposition to the Ricks application, we think their rights to except 
to the procedure with respect to the filing of a formal new application 
and again give notice by publication has been waived. 

The other exceptions filed, which were ably argued by counsel and which 
have been carefully considered by the Commission, relate to matters within 
the discretion of the Commission. The conflicting claims to preference 
present questions for decision that cannot be determined to the satisfac- 
tion to all parties in interest, but the Commission believes that its findings 
and order heretofore made will best serve the public interest and with 
substantial justice among the parties. It is, therefore, 

Ordered, that the exceptions filed in this cause by Colonial Bus Lines 
and Carolina Coach Company be and the same are hereby overruled. 

This the 16th day of April, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Dockets Nos. 2152, 2639, 2769. 






358 N. C. Utilities Commission 

APPLICATION (AS AMENDED) OF RICKS BUS LINE, GREEN- 
VILLE, N. C, FOR FRANCHISE CERTIFICATE TO TRANSPORT 
PASSENGERS ON THE STREETS OF GREENVILLE TO THE 
N. Y. A. CENTER AND TO THE COUNTY-CITY AIRPORT, AMEND- 
ED BY ADDING THE FOLLOWING: TO OPERATE ON FIFTH 
STREET EXTENDED AS FAR AS GREENWOOD CEMETERY, A 
DISTANCE OF APPROXIMATELY .8 MILE BEYOND THE CITY 
LIMITS. 

Order 
Before Commissioner Johnson. 
Appearances : 

Paul T. Ricks for Ricks Bus Line. 
No Protestants. 

Johnson, Commissioner. It appears from the evidence that Ricks Bus 
Line has been granted a franchise by the City of Greenville to operate 
buses for the transportation of passengers over the streets of the City 
of Greenville. Testimony offered at the hearing is clearly convincing that 
transportation is very much needed from the city limits of Greenville to 
the N. Y. A. Center, to the County-City Airport and to Greenwood Ceme- 
tery, all of them lying in close proximity to the city and being without 
public transportation. 

It Is, Therefore, Ordered, that a franchise be granted to Ricks Bus 
Line for the transportation of passengers over the routes applied for in 
the application as amended, and that certificate be issued upon com- 
pliance with the rules and regulations of the Commission. 

This 1st day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3097. 

APPLICATION OF ROCKINGHAM SUBURBAN BUS LINE FOR 
FRANCHISE CERTIFICATE TO OPERATE WITHIN THE PRES- 
ENT AND FUTURE CORPORATE LIMITS OF THE TOWN OF 
ROCKINGHAM AND ITS TERRITORIAL LIMITS, OVER, ALONG, 
ACROSS AND UPON THE MAIN AND LARGELY TRAVELED 
STREETS, ROADS AND HIGHWAYS OF THE TOWN. TO OPER- 
ATE FROM THE CITY LIMITS OF THE SAID TOWN TO EAST 
ROCKINGHAM ROAD, THENCE OUT SAID EAST ROCKINGHAM 
ROAD A DISTANCE OF APPROXIMATELY THREE MILES AND 
RETURN. THIS PARTICULAR ROUTE WILL SERVICE FOUR 
MILLS, TO-WIT: HANNAH-PICKET NO. 2, ENTWISTLE NO. 1, 
HANNAH-PICKET NO. 1 AND ENWISTLE NO. 2, NOW KNOWN 
AS BEAUNIT MANUFACTURING COMPANY; THENCE FROM 
THE CITY LIMITS ON U. S. HIGHWAY NO. 1 SOUTH APPROXI- 
MATELY TWO MILES TO CARDOVA ROAD, AND THENCE OVER 



Decisions and Adjustments of Complaints 359 

CARDOVA ROAD APPROXIMATELY TWO MILES TO STEEL'S 
MILL AND RETURN; THENCE FROM THE CITY LIMITS OUT 
U. S. HIGHWAY NO. 1 NORTH APPROXIMATELY .7 OF A MILE 
TO ROBERDELL ROAD AND THENCE OUT ROBERDELL ROAD 
APPROXIMATELY TWO MILES TO ENTWISTLE NO. 3 MILLS, 
THENCE CONTINUE ON SAID ROBERDELL ROAD (COUNTY 
ROAD) APPROXIMATELY 2V 2 MILES TO LEDBETTER7S MILLS 
AND RETURN OVER SAME ROUTE. TO OPERATE TO SONOCO 
PRODUCTS MILL, PEE DEE MILL NO. 2 AND PEE DEE MILL NO. 
1, WHICH MILLS ARE LOCATED JUST OUTSIDE THE SAID 
CITY LIMITS AND WITHIN TERRITORIAL AND RESIDENTIAL 
LIMITS. THE PROPOSED SERVICE OVER THE ABOVE ROUTES 
WILL SERVE THE TOWN OF ROCKINGHAM AND TEN MILLS 
OPERATING THREE SHIFTS DAILY. 

Order 

Appearances : 
Applicant : 

T. Lynwood Smith, Asheboro, N. C, for Rockingham Suburban Bus 
Line. 
Intervenor : 

L. B. Hollowell, Gastonia, N. C, for Queen City Coach Company. 

This cause came on to be heard before the full Commission on the 27th 
day of July, 1944, in the Hearing Room of the Utilities Commission, Ra- 
leigh, North Carolina, at 11:30 A. M. 

Winborne, Chairman. The applicant offered the following documentary 
evidence: (1) Proof of publication of notice of application; (2) resolu- 
tion passed by the Board of Aldermen of the City of Rockingham granting 
an intrastate franchise to the applicant; (3) map of the streets and high- 
ways within the City of Rockingham and extensions beyond the city 
limits to the several points to which the applicant seeks a franchise to 
operate and, (4) agreement between the applicant and the Queen City 
Coach Company whereby the Queen City Coach Company agrees to allow 
the applicant to operate over its franchise on certain of the highways 
outside of the City of Rockingham. 

The agreement between the applicant and the Queen City Coach Com- 
pany sets out the terms and conditions upon which the applicant is per- 
mitted to operate over parts of the Queen City Coach Company's fran- 
chise, and by consent it is made a part of this order as much so as if herein 
copied out in full. 

In support of the applicant's contention that public convenience and 
necessity would be served by granting the instant franchise, the following 
testimony was offered. 

T. E. Gill, the applicant, testified that he had made a complete survey 
of the City of Rockingham and the outlying territory which he desired 
to serve; that he discussed the matter with the governing body of Rock- 
ingham; that he found that there were ten mills and ten mill villages lo- 
cated outside of the corporate limits of the city; that the territory be- 
tween the mills and the corporate limits was densely populated; that 
due to the scarcity of tires and the rationing of gasoline the employees in 



360 N. C. Utilities Commission 

the various mills had very little transportation facilities; that there was 
no public transportation system except taxicabs, and that the fares of the 
numerous taxicabs were almost prohibitive and, that the population of 
the City of Rockingham, together with the population in the outlying ter- 
ritory he desired to serve was approximately 18,000. The applicant fur- 
ther testified that the fare within the city limits would be ten cents by 
agreement with the city officials, and that the fares beyond the city limits 
to the various mills would vary according to the distance of the respective 
mills from the city limits, the exact charges to be hereafter worked out 
and approved by this Commission. 

Mr. M. C. McLeod, Mayor of Rockingham, Mr. W. G. Pittman, attorney, 
and Mr. L. S. Allen, Chief of Police of Rockingham, all testified as to 
their complete familiarity with the transportation problems of Rocking- 
ham and the adjacent territory, and stressed the urgent need for the 
granting of the franchise in question. 

No testimony was offered in opposition to the granting of the franchise. 

Upon a consideration of the entire record, the Commission is of the 
opinion that public convenience and necessity has been clearly shown. 

Whereupon, It Is Ordered, that a franchise certificate be issued to the 
applicant covering the routes set out in the caption hereof, subject to cer- 
tain limitations stipulated in the agreement, hereinbefore referred to, be- 
tween the applicant and the Queen City Coach Company upon compliance 
by the applicant with the rules and regulations of this Commission. 

This the 4th day of August, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3133. 

APPLICATION OF E. T. ROSS TRANSFER OF HENDERSON, TO 
TRANSPORT TOBACCO, UNMANUFACTURED TOBACCO, AND 
TOBACCO MANUFACTURER'S ACCESSORIES TO ALL POINTS 
AND PLACES IN NORTH CAROLINA. 

Order 

Pursuant to notice duly given, this cause was called for hearing at the 
Commission's Hearing Room in the City of Raleigh at 10:00 o'clock A. M., 
on October 5, 1943, and the applicant having failed to appear and having 
failed to advise the Commission of any reason for its failure to so appear, 
this application is Ordered Dismissed. 

This, the 5th day of October, 1943. 

Stanley Winborne, Chairman 

By Order of the Commission. Fred C. Hunter, Commissioner 

Attest: R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 

Docket No. 2460. 



Decisions and Adjustments of Complaints 361 

APPLICATION OF SAFETY TRANSPORTATION CORP. OF WEL- 
DON, N. C, TO TRANSPORT COTTON AND TOBACCO OVER THE 
FOLLOWING ROUTES: TOBACCO — BETWEEN POINTS AND 
PLACES IN THE STATE OF NORTH CAROLINA EAST OF A 
LINE DRAWN FROM WINSTON-SALEM AND CHARLOTTE. COT- 
TON—BETWEEN POINTS AND PLACES IN THE STATE OF 
NORTH CAROLINA EAST OF A LINE DRAWN FROM REIDS- 
VILLE, WINSTON-SALEM, STATESVILLE AND GASTONIA. 

Order 

Before Commissioners Johnson and Hunter. 
Appearances : 

For the Applicant: 

Arch T. Allen, attorney at law, Raleigh, N. C. 
For the Protestants: 

Marshall T. Spears, attorney at law, Durham, N. C, for Burton 
Lines, Inc., Clay's Transfer Co., Forbes Transfer Co., H. W. 
Miller Transfer, Vance Trucking Company and Transport Cor- 
poration of Virginia. 

Hunter, Commissioner. This application, filed January 25, 1944, and 
heard in Raleigh on February 19, 1944, seeks motor vehicle franchise 
rights to transport cotton and tobacco over irregular routes between 
points and places and within the area described in the caption. 

The applicant corporation was organized on February 12, 1942, and 
has its principal office at Weldon, N. C. Its only liability consists of out- 
standing capital stock in the sum of $20,000.00. It owns nine International 
truck-trailer units, one Chevrolet truck-trailer unit and ten semi-trailers. 
The applicant and its predecessor in interest, the Weldon Trucking Co., 
has been in the motor vehicle transportation business since 1932. The 
applicant holds interstate common carrier rights covering a wide variety 
of commodities, such as agricultural commodities, clay products, brick, 
lubricating oils and greases, cotton seed meal and hulls, fertilizer, house- 
hold goods and many others, cotton and tobacco not being specifically 
mentioned in its interstate rights. 

Upon objection, the testimony with respect to the past operation was 
limited to operations since the organization of the applicant corporation 
in 1942. Since that date it appears from the testimony that the applicant 
has been engaged extensively in intrastate transportation of cotton on its 
own bills of lading and has handled tobacco intrastate for and on the 
bills of lading of the Vance Trucking Co. The points to and from which 
it hauled cotton include Weldon, Rocky Mount, Charlotte, Hickory, Louis- 
burg, Rich Square, Washington, Greensboro, Fayetteville, Cooleemee and 
Erwin, and it received requests to move cotton to or from Tarboro, Roanoke 
Rapids, Wilson, Concord, Bailey, Elizabeth City, Zebulon and other points 
not specifically named. During the 1943 season the applicant hauled 48 
truck loads of tobacco, or 812,420 pounds, intrastate and interstate, 18 
truck loads or 302,489 pounds being moved intrastate. The points in 
North Carolina to or from which the applicant hauled tobacco in 1943 
include Raleigh, Greenville, Fairmont, Henderson, Washington, Rocky 



362 N. C. Utilities Commission 

Mount, Kinston, Durham, Smithfield, Oxford, Whiteville, Goldsboro, Fair 
Bluff, Clarkton, Wendell and Winston. 

The protestants offered no testimony. At the close of testimony for the 
applicant the protestants moved that the application be dismissed as of 
non-suit, for that, (1) the applicant failed to show public convenience 
and necessity for the proposed service, (2) the tobacco movements in ques- 
tion were not under bills of lading of the applicant, (3) the application 
does not conform to the rules and regulations of the Commission and does 
not name the points and places to and from which applicant desires to 
transport tobacco. This motion was overruled. Protestants rested and 
renewed said motion, which was again overruled. 

The Commission is of the opinion and finds from the testimony that the 
applicant has been engaged in a substantial way in the transportation of 
both cotton and tobacco. While the Motor Vehicle Carrier Act, Chapter 
136, Public Laws of 1927, and amendments thereto, are silent as to grand- 
father rights, extensive past operations may well be considered some evi- 
dence of public convenience and necessity for the service rendered. The 
movements of cotton and tobacco, particularly tobacco, are seasonal and 
usually in truck load lots. The demand for such movements is often upon 
short notice and is for service between widely separated points. The na- 
ture of this type of service is such that evidence of public convenience and 
necessity therefor cannot and need not be so exacting as is required for 
general commodity rights over specific highways, with operations on fixed 
schedules. The fact that the applicant leased its trucks to other carriers 
for the transportation of tobacco during the tobacco season is also some 
evidence that existing carriers do not have sufficient equipment of their 
own to meet public demands for tobacco transportation. The argument of 
protestants that movements of tobacco made by applicant on the bills of 
lading of other carriers should receive no consideration does not analyze 
well. 

We think the applicant has misconstrued its rights under its interstate 
authority. The I.S. and I.C.C. tags, which it now uses and which it has 
used, give it no right to handle shipments which do not cross the State 
Line. These tags are evidence of interstate authority and nothing more. 
The fact that the applicant pays six per cent of its gross revenue to the 
State does not give it the right to engage in intrastate business. Only 
franchise carriers pay this six per cent of gross revenue for the privilege 
of using the highways of the State, and it is a violation of the law for 
a carrier to engage in this type of intrastate transportation until it has 
applied for and obtained a franchise certificate. There is a very general 
confusion among carriers as to their rights under I.S. tags. These tags 
are issued by the State Revenue Department to identify the carrier as 
an interstate carrier, operating into and out of North Carolina. The 
amount paid for I.S. tags is a deposit to be credited on the six per cent 
of gross revenue due the State on the mileage operated to and from the 
State Line. 

While the Commission is of the opinion that the applicant under the 
testimony offered is entitled to a franchise certificate for the transporta- 
tion of cotton and tobacco, its rights to operate intrastate are limited 



Decisions and Adjustments of Complaints 363 

to those commodities. Its interstate certificate gives it no intrastate 
rights. 

It Is, Therefore, Ordered: 

1. That the application of Safety Transportation Corp. for motor vehicle 
franchise rights to transport cotton and tobacco over irregular routes be- 
tween points and places in North Carolina and within the area set out 
in the caption, be, and the same is hereby granted, cotton being construed 
and limited to unmanufactured cotton in the bale, and tobacco being con- 
strued and limited to unmanufactured tobacco, which includes tobacco leaf, 
unmanufactured tobacco scraps or stems, in sheets, baskets, hogsheads, 
tierces, boxes of bales and cooperage stock, tobacco baskets and tobacco 
sheets, to be used in the manufacturing, processing, storage, marketing 
and transporting tobacco or tobacco products. 

2. That franchise certificate be issued to said applicant upon compliance 
with the rules and regulations of the Commission and upon filing with the 
Commission equipment specifications and acceptable property damage and 
liability insurance. 

This the 3rd day of April, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3060. 



APPLICATION OF SAFETY TRANSPORTATION COMPANY OF 
WELDON, N. C, FOR MOTOR VEHICLE FRANCHISE RIGHTS 
TO TRANSPORT COTTON AND TOBACCO. 

Order Overruling Exceptions 
Appearances : 

For the Applicant: 

John Kerr, Warrenton, N. C. 
For the Protestants: 

Marshall T. Spears, Durham, N. C. 

To the findings and order made by the Commission herein dated the 
third day of April, 1944, the protestants, Burton Lines, Inc.; George W. 
Clay and Wiley W. Clay, t/a Clay's Transfer Company; B. J. Forbes, 
t/a Forbes Transfer Company; Howard W. Miller, t/a H. W. Miller Trans- 
fer; Vance Trucking Company, Inc.; and Transport Corporation of Vir- 
ginia, filed the following exceptions: 

"1. The following findings of fact are contrary to the evidence in 
the case: 

"(a) 'That the applicant has been engaged in a substantial way in 
the transportation of both cotton and tobacco.' 



364 N. C. Utilities Commission 

" (b) 'Past operations may well be considered some evidence of public 
convenience and necessity for the services rendered.' 

"(c) 'Movements of cotton and tobacco, particularly tobacco, are 
seasonal and usually in truck load lots. The demand for such move- 
ments is often upon short notice and is for service between widely sep- 
arated points. The nature of this type of service is such, that evidence 
of public convenience and necessity therefor cannot and need not be so 
exacting as is required for general commodity rights over specific high- 
ways, with operations on fixed schedules.' 

"(d) 'The fact that the applicant leased its trucks to other carriers 
for the transportation of tobacco during the tobacco season is also some 
evidence that existing carriers do not have sufficient equipment of their 
own to meet public demands for tobacco transportation. The argument 
of protestants that movements of tobacco made by applicant on the bills 
of lading of other carriers should receive no consideration does not 
analyze well.' 

"2. That the evidence in this case disclosed that the applicant had no 
legal rights or franchise to engage in the interstate transportation of 
cotton and tobacco, and, therefore, the evidence of the applicant as to 
its prior transportation of cotton and tobacco in intrastate movements 
was illegal and should not have been considered by the Commission in 
passing on the application. 

"3. That there was error in overruling the motion of the protestants 
that the application be dismissed as of non-suit. 

"4. That the order is in violation of the Motor Vehicle Carrier Act, 
Chapter 136, Public Laws of 1927, and amendments thereto, as the ap- 
plicant failed to show public convenience and necessity for the proposed 
service." 

Upon consideration of the Commission's findings and order, the excep- 
tions filed thereto and the argument of counsel for the respective parties, 
the Commission is of the opinion that said exceptions are without sufficient 
merit in law or fact to justify any modification of the findings and order 
heretofore made. 

It Is, Therefore, Ordered, that said exceptions and each of them, be, 
and the same are hereby overruled. 

This, the 5th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3060. 



Decisions and Adjustments of Complaints 365 

SEASHORE TRANSPORTATION COMPANY, Complainant, vs. D. E. 

RICH, Respondent. 

Order 
Before Commissioner Hunter. 
Appearances : 

For Complainant : 

D. L. Ward, attorney, New Bern, N. C. 
For Respondent: 

L. T. Grantham, attorney, New Bern, N. C. 

L. A. Stith, attorney, New Bern, N. C. 

Hunter, Commissioner. This is a controversy heard upon a formal 
complaint and answer in the City of New Bern on the 20th day of Oc- 
tober, 1942, wherein the complainant, Seashore Transportation Company, 
a duly licensed franchise carrier operating under and by virtue of a fran- 
chise certificate between New Bern and the Marine Base at Cherry Point, 
alleges and offers testimony tending to show that the respondent, D. E. 
Rich, operates a passenger bus regularly and daily over the franchise 
route of the complainant between said points. The respondent by his answer 
denies the material allegations of the complainant insofar as the same 
charges him with violation of any law or the violation of any of the fran- 
chise rights of the complainant, and offered evidence in support of his 
answer. 

It appears from the testimony that the respondent formerly worked at 
Cherry Point and operated a boarding house or rooming house in the City 
of New Bern, and for his own convenience and upon the solicitation of 
certain of his boarders and roomers who also worked at Cherry Point, he 
acquired a bus of more than seven-passenger capacity and operated the 
same to Cherry Point in the morning and back to New Bern in the after- 
noon, transporting himself and his fellow workers to and from their place 
of employment at Cherry Point over the said franchise route of the 
complainant, presumably under a contract with his passengers, the nature 
of which contract was not definitely shown by the testimony. 

Subsequently the respondent discontinued working at Cherry Point and 
leased a filling station at New Bern which he used for the usual filling 
station purposes and also as a point from which to make contact with 
prospective passengers. He employed a bus driver and continued to trans- 
port workers to Cherry Point in the morning and back in the afternoon, 
presumably under a pre-arranged contract. After the return of the bus 
to New Bern in the afternoon it has been and is now the practice of the 
respondent to operate one or more trips at night in the transportation of 
Marines from New Bern to Cherry Point, the number of trips depending 
upon the number of passengers presenting themselves for transportation. 
He made contacts with his passengers at his filling station and sometimes 
at a point described by the witnesses as "the foot of the bridge" on the 
highway leading out of New Bern to Cherry Point. He does not operate 
his trips at night on regular schedules but often at or on about the same 
time the complainant operates its regular schedules out of New Bern. 
The respondent transports his passengers on said night trips at less than 



366 N. C. Utilities Commission 

the rates of the complainant which have been filed with and approved by 
the Utilities Commission. 

Upon the facts found as above set out, we conclude that the transporta- 
tion of workers to and from Cherry Point is under a pre-arranged bona 
fide contract and is permissible under the Motor Vehicle Carrier Act with- 
out a franchise certificate and is not an encroachment upon the preroga- 
tives, privileges or rights of the complainant. We further find and con- 
clude that the transportation of Marines and others on said night trips is 
not under a bona fide contract within the meaning of the Motor Vehicle 
Carrier Act. Said Marines and others whom the respondent does not know 
and whom he contacts at his filling station or at "the foot of the bridge" 
on his way to Cherry Point, are potential passengers of the complainant 
and their transportation over the franchise route of the complainant and 
at lower rates than those approved for the complainant is a violation of 
the franchise rights of the said complainant. The operations of the re- 
spondent if not between cities is over a regular route and under the cir- 
cumstances disclosed by the testimony is the type of service for which a 
franchise certificate is required by law. 

The Motor Vehicle Carrier Act does not define a bona fide contract, but 
it is obviously intended to mean something more than a tacit agreement 
entered into between passenger and carrier at the time a passenger pur- 
chases a ticket or boards a bus for transportation. It evidently means a 
definitely expressed pre-arranged agreement or contract to transport spe- 
cific persons or property from one designated point to another at a fixed 
time and for a fixed consideration. 

It Is, Therefore, Ordered: 

1. That the respondent, D. E. Rich, his agents, servants and employees, 
immediately discontinue the operation of his bus or other motor vehicle 
between the City of New Bern and Cherry Point over the franchise route 
of the Seashore Transportation Company in the transportation of passen- 
gers with whom he does not have a definitely expressed pre-arranged con- 
tract, and in such form, whether verbal or written, that the existence 
and terms thereof can be determined. 

2. That each of the parties hereto pay such costs as they may have 
incurred in this case. 

3. That unless exceptions are filed herein within ten days from the re- 
ceipt of this order the findings and order herein made will become the 
findings and order of the full Commission, but the filing of exceptions will 
not stay the order herein made pending the hearing upon said exceptions. 

This 27th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. O. Self, Chief Clerk. 

Docket No. 2763. 



Decisions and Adjustments of Complaints 367 

LEASE AND OPTION TO PURCHASE BY SEASHORE TRANSPOR- 
TATION COMPANY FRANCHISE RIGHTS OF PAUL T. RICKS 
OVER ROUTE GREENVILLE TO ROCKY MOUNT VIA N. C. 43; 
FROM ROCKY MOUNT TO NORLINA, N. C, VIA N. C. 43 TO 
LIBERIA AND OVER N. C. 58 AND N. C. 43 TO WARRENTON; 
THENCE OVER U. S. 158 FROM WARRENTON TO NORLINA. 

Order 

Before Commissioners Hunter and Johnson. 
Appearances : 

For Petitioner: 

D. L. Ward, New Bern, N. C, for Seashore Transportation Company. 
For Intervenor: 

William B. Umstead, Durham, N. C, for Carolina Coach Company. 

Johnson, Commissioner. This matter coming on to be heard before the 
North Carolina Utilities Commission upon the petition of Seashore Trans- 
portation Company and Paul T. Ricks for approval of certain agreement 
of date of June 26, 1944, entered into between Paul T. Ricks and Seashore 
Transportation Company, copy of which said agreement is on file with 
the Commission, under the terms of which agreement Paul T. Ricks does 
lease unto Seashore Transportation Company franchise rights with the 
privilege on the part of Seashore Transportation Company to operate mo- 
tor buses for the transportation of passengers over said franchise routes. 

The Carolina Coach Company was permitted to file a petition of protest 
and was admitted as an intervenor for the sole purpose of giving the 
Commission additional information. 

The Commission having duly considered the effect of said proposed lease, 
is of the opinion that public service would be improved and that the service 
to be inaugurated would be especially beneficial to the members of the 
Armed Services located at Cherry Point, Camp Lejeune and the various 
air bases in that vicinity, in that it would be a saving in mileage of some 
forty-two (42) miles for those riding Seashore Transportation Company 
buses from that area to Rocky Mount. 

The Commission is further of the opinion that it would be a great con- 
venience to the Armed Forces of that section, as well as the civilian pop- 
ulation, if they had public transportation to Norlina where they would 
have connections with the Seaboard Airline Railway, as well as bus con- 
nections; and that the citizens living along the route between Rocky 
Mount and Norlina are without public transportation and are in need 
of same. 

The Commission is mindful of the fact that the certificate authorized 
in Docket No. 2152 was for the duration of the war and six months there- 
after, and that at the present time all public transportation serving this 
area is crowded because of the large number of service men and women 
located in this section. 

Now, Therefore, It Is Ordered, that the agreement hereinabove re- 
ferred to between Paul T. Ricks and Seashore Transportation Company 
is hereby approved; and that franchise certificate issue to the end that 
said lease agreement may be consummated if and when the Utilities Com- 



368 N. C. Utilities Commission 

mission is notified that said lessee is ready to begin service under said 
agreement. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 14th day of July, 1944. 



By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 3131. 



APPLICATION OF L. B. NEWMAN, TRADING AS SILVER FOX 
LINES, TO OPERATE OVER HIGHWAY 49 FROM ROXBORO TO 
INTERSECTION OF ROUTE 62 AT PLEASANT GROVE; THENCE 
OVER NO. 62 TO BURLINGTON. 

Order 

Before Commissioner Hunter. 
Appearances : 

For the Applicant: 

Robert P. Burns, Roxboro, N. C. 
For the Protestants: 

Willis Smith, Raleigh, N. C, for Virginia Stage Lines. 
Arch T. Allen, Raleigh, N. C, for Carolina Coach Company. 

Hunter, Commissioner. This application for franchise certificate to 
transport passengers over the route described in the caption came on for 
hearing on the 27th day of October, 1942, at the City Hall in the City of 
Burlington after due notice as required by law. 

The testimony tends to show that the proposed service is needed and 
will be used not only for the transportation of the public in general living 
along said route, in Burlington, Roxboro, and at points beyond but also 
for the transportation of employees working at the branch plant of Fair- 
child Aircraft Corporation at Burlington. It appears from the testimony 
that said corporation is enlarging its plant at Burlington to meet the in- 
creased demands for aircraft necessary in the war effort and that addi- 
tional employees will be drawn from the route in question, from Roxboro 
and from points north of Roxboro. It also appears that the applicant has 
sufficient equipment now on hand to perform said service and is otherwise 
qualified in all respects set out in the statutes. 

It further appears that the protestants neither have the equipment nor 
the franchise rights required to meet public convenience and necessity found 
to exist in the instant case and that the service proposed by the applicant 
will not encroach upon the rights of said protestants or either of them. 
It is therefore 

Ordered, that the application of L. B. Newman, trading as Silver Fox 
Lines, to transport passengers from Roxboro to Burlington, and return, 
over State Highway 49 to the intersection of said highway and State 
Highway 62 at Pleasant Grove, thence over said Highway 62 to Burling- 



Decisions and Adjustments of Complaints 369 

ton, be and the same is hereby granted, the certificate of the applicant to 
be amended accordingly upon presentation to the Commission. 
This the 17th day of November, 1942. 

Stanley Winborne, Chairman 

Fred C. Hunter, Commissioner 

By Order of the Commission. ' R. G. Johnson, Commissioner. 

R. O. Self, Chief Clerk. 
Docket No. 2721. 

APPLICATION OF L. B. NEWMAN, TRADING AS SILVER FOX 
LINES, TO OPERATE OVER HIGHWAY 49 FROM ROXBORO TO 
INTERSECTION OF ROUTE 62 AT PLEASANT GROVE; THENCE 
OVER NO. 62 TO BURLINGTON. 

Ruling Upon Exceptions 

This cause now comes before the Commission upon exceptions as ap- 
pear of record filed by Virginia Stage Lines, Inc., protestant, to the find- 
ings and order made this cause dated November 17, 1942. 

Upon consideration of said exceptions and the argument of counsel for 
the respective parties, the Commission is of the opinion and finds that 
Exceptions Nos. 1 and 3 are not well founded and should be denied. The 
Commission is further of the opinion and finds that reference made in 
the decision to the effect that the Virginia Stage Lines, Inc., protestant, 
does not have equipment sufficient to perform the service contemplated by 
the application may be prejudicial to said protestant, and as now appears 
to the Commission is not well founded. 

It Is, Therefore, Ordered: 

1. That Exceptions Nos. 1 and 3 filed by the Virginia Stage Lines, Inc., 
protestant, be, and same are hereby denied. 

2. That Exception No. 2 filed by Virginia Stage Lines, Inc., protestant, 
be, and the same is hereby sustained insofar as the decision states or 
purports to state that said protestant does not have equipment sufficient 
to perform the service contemplated by the application. 

This the 31st day of December, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 

By Order of the Commission. R. G. Johnson, Commissioner. 

R. 0. Self, Chief Clerk. 

Docket No. 2721. 

APPLICATION OF SILVER FOX LINES FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FROM 
ROXBORO TO N. C.-VA. STATE LINE— DESTINATION VIRGILINA, 
VA., OVER N. C. 49. 

Order 
Before Commissioner Hunter. 

This cause wherein the applicant seeks motor vehicle franchise rights 
to transport passengers over the route and between the points described 



370 N. C. Utilities Commission 

in the caption, came on for hearing in the Commission's Hearing Room in 
the City of Raleigh on the 12th day of November, 1943, after due notice 
as required by law. 

There being no protest filed to said application and no opposition being 
made thereto at said hearing the testimony will not be set out herein, but 
the same amply supports a finding of public convenience and necessity for 
the proposed service as will appear by reference to the record, which will 
be preserved and made available to interested parties. 

It Is, Therefore, Ordered: 

1. That the application of Silver Fox Lines for authority to transport 
passengers from Roxboro, N. C, to North Carolina-Virginia State Line — 
destination Virgilina, Virginia, over N. C. 49, then return, be, and same 
is hereby granted, and that said applicant's certificate be amended ac- 
cordingly. 

2. That the order herein shall not become effective and operations there- 
under shall not commence until the applicant shall have complied with ex- 
isting O.D.T. orders with respect to extensions of service. 

This the 19th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3005. 



O. A. SMITH TRANSFER. 

APPLICATION FOR FRANCHISE CERTIFICATE TO OPERATE AS 
MOTOR VEHICLE CARRIER WITHIN A RADIUS OF 75 MILES 
FROM AND TO REIDSVILLE— GENERAL COMMODITIES AND 
HOUSEHOLD GOODS. 

Order Dismissing Application 

It appearing to the Commission that the applicant in the above cause 
died on July 31, 1942, and that Mrs. 0. A. Smith, widow of said applicant, 
requested the Commission in writing under date of August 11, 1942, to 
dismiss said application, it is therefore, 

Ordered, that said application be, and the same is hereby dismissed. 

This the 13th day of February, 1943. 

N. C. UTILITIES COMMISSION. 
Fred C. Hunter, Commissioner. 

Docket No. 2472. 






Decisions and Adjustments of Complaints 371 

APPLICATION OF SMOKY MOUNTAIN STAGES, INC., FOR FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER FROM ASHEVILLE TO AVERY'S CREEK OVER U. S. 25 
TO SKYLAND; THENCE OVER N. C. 280 TO AVERY'S CREEK. 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

Thomas L. Johnston, attorney, Asheville, N. C. 
For Protestant: 

I. M. Bailey, attorney, Raleigh, N. C, for Atlantic Greyhound Cor- 
poration. 
Hamish Turner, Spartanburg, S. C, for Carolina Scenic Coach 
Company. 
Johnson, Commissioner. The evidence shows that the Atlantic Grey- 
hound Corporation operates a franchise from Asheville through Skyland 
to Hendersonville over U. S. 25; that the Smoky Mountain Stages operate 
a franchise from Asheville through Avery's Creek over N. C. 191 to Mills 
River; thence over N. C. 280 to Brevard. The applicant, Smoky Moun- 
tain Stages, is applying for franchise over U. S. 25 from Asheville to Sky- 
land; thence over N. C. 280 from Skyland to Avery's Creek. 

The evidence further tends to show that that part of the application 
which covers the territory between Skyland and Avery's Creek is a very 
thickly settled rural community and that a great number of the people 
in this territory work in and around Asheville, and that they are without 
public conveyance to and from Asheville; that there are a great number 
of people living in and around Skyland who work in Asheville; that there 
are quite a number of people living in and around Asheville who work 
at the Acusta Plant near Brevard and that the people who work in Bre- 
vard are transported daily to and from their work by Smoky Mountain 
Stages; that there would be a saving in time and equipment if Smoky 
Mountain Stages were permitted to operate over the route applied for. 

Evidence was also presented which clearly showed that the route from 
Asheville to Avery's Creek over N. C. 191, is narrow and crooked and 
presents a hazard when the traffic is heavy, which could be eliminated by 
the operation of some of the Asheville and Brevard buses going over the 
route applied for. It is, therefore, 

Ordered, that the application of Smoky Mountain Stages, Inc., be 
granted from Asheville to Avery's Creek over U. S. 25 to Skyland; over 
N. C. 280 to Avery's Creek. However, the applicant shall operate with 
open doors from Asheville to Skyland only for the duration of the war 
and six months thereafter, at which time they will cease to operate with 
open doors from Asheville to Skyland; that certificate issue when appli- 
cant has complied with the law by filing insurance with this office in ac- 
cordance with the law and the Commission's rules and regulations. 
This 18th day of December, 1942. 

Stanley Winborne, Chairman 
By Order of the Commission. Fred C. Hunter, Commissioner 

R. O. Self, Chief Clerk. R. G. Johnson, Commissioner. 

Docket No. 2606. 



372 N. C. Utilities Commission 

APPLICATION OF SMOKY MOUNTAIN STAGES, INC., ASHEVILLE, 
N. C., FOR FRANCHISE CERTIFICATE TO TRANSPORT PAS- 
SENGERS OVER THE FOLLOWING HIGHWAYS AND BETWEEN 
THE FOLLOWING POINTS: GEORGIA AND NORTH CAROLINA 
STATE LINE AND HAYSVILLE, N. C, VIA STATE HIGHWAY 69; 
BETWEEN JUNCTION U. S. HIGHWAY 64 AND STATE HIGH- 
WAY 66 AND YOUNG HARRIS, GEORGIA, VIA STATE HIGH- 
WAY 66. 

Order 
Before Commissioner Johnson. 
Appearances : 
For Applicant: 

J. R. Lewis, Smoky Mountain Stages, Asheville, N. C. 
For Protestant: None. 

Johnson, Commissioner. This cause arises upon the application of 
Smoky Mountain Stages, Inc., of Asheville, N. C, for franchise certificate 
to transport passengers over the routes set out in the above caption. 

This application was heard before Commissioner Johnson in the Superior 
Court Room No. 2, Buncombe County Courthouse, Asheville, N. C, on the 
26th day of April, 1944. J. R. Lewis appeared for the applicant, Smoky 
Mountain Stages. No protest was filed to the issuance of the application. 

J. R. Lewis, being duly sworn, testified that a number of leading citi- 
zens of towns in Georgia and along the route into Haysville, N. C, re- 
quested that the applicant operate a much needed bus service over the 
routes applied for and that the citizens of these communities and along 
the routes applied for were without public transportation. Testimony 
also shows that the applicant is now operating from Murphy to Franklin 
via Haysville and a line coming from Atlanta, Chattanooga, Blue Ridge, 
Georgia, into Blairsville, and that the granting of this application would 
give the people of Northern Georgia and Western North Carolina between 
Blairsville and Haysville and outward towards Asheville and points east 
service to these points. Convenience and necessity having been shown, 

It Is, Therefore, Ordered, that the application as applied for be granted 
and that franchise certificate be issued when applicant has complied with 
the rules and regulations of this Commission. 

This 19th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 3090. 



Decisions and Adjustments of Complaints 373 

APPLICATION OF S. N. & S. LINES FOR A FRANCHISE CERTIFI- 
CATE TO OPERATE PASSENGER MOTOR VEHICLE SERVICE 
FROM NORTH WILKESBORO TO MOUNT AIRY VIA HIGHWAYS 
NOS. 268 AND 601. 

Order 

This cause arises upon the above application which was filed with this 
office on February 13, 1939, and was heard July 7, 1939, in the office of the 
Commission in Raleigh. Mr. W. H. McElwee, attorney at law, North 
Wilkesboro, appeared for the applicant, and Mr. I. M. Bailey, attorney for 
the Atlantic Greyhound Corporation, appeared for the protestant, the 
Atlantic Greyhound Corporation. 

At the end of the hearing, it was agreed that when the record was writ- 
ten up and furnished to the parties that counsel could submit briefs or 
argue same orally. No requests were made for copies of the record which 
has not, to date, been written up, and no inquiry has been made with 
reference therto, either by the applicant or by the protestant. 

The applicant, who operated the S. N. & S. Lines between Statesville 
and Laurel Springs via North Wilkesboro, has now sold out to the Atlantic 
Greyhound Corporation and is not now in business, and the attorney for 
said applicant has joined the Army and his present address is unknown; 
therefore, it is 

Ordered, that this matter be closed for the duration of the war and not 
to exceed six months thereafter subject to motion for revival and further 
action as may be determined expedient by the Commission at that time; 
and it is 

Further Ordered, that said record be marked as closed and put in the 
closed file during the interim. 

This 16th day of July, 1943. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 

Docket No. 1541. 



IN RE: CANCELLATION OF CERTIFICATE NO. 477, SOUTHEAST- 
ERN MOTOR LINES, INC., OF BRISTOL, TENNESSEE-VIRGINIA. 

Order 

Whereas, Certificate No. 477 was issued to Southeastern Motor Lines, 
Inc., of Bristol, Tennessee- Virginia, on December 4, 1939, and under 
the provisions of Chapter 136, Public Laws of 1927, and amendments there- 
to, said certificate automatically expired on December 4, 1942; and 

Whereas, no petition has been filed with the Commission for the re- 
newal of said certificate; and 

Whereas, the said Southeastern Motor Lines, Inc., was also an inter- 
state carrier and operated in the States of Tennessee and Virginia, as 
well as in the State of North Carolina, as evidenced by the record in 
I.C.C. Docket No. MC-6041573; and 

Whereas, the said Southeastern Motor Lines, Inc., has, prior to the 
date of the expiration of Certificate No. 477, merged with the Associated 



374 N. C. Utilities Commission 

Transport, Inc., of New York City, as evidenced by I.C.C. Docket No. MC- 
F-1612; and 

Whereas, this Commission has been notified that it is not the policy 
of the Associated Transport, Inc., to do intrastate business; it is, there- 
fore, 

Ordered, that Certificate No. 477 outstanding in the name of the South- 
eastern Motor Lines, Inc., and which expired according to law on Decem- 
ber 4, 1942, is voided and no longer in force and no operation may be con- 
ducted thereunder; and 

It Is Further Ordered, that the Department of Motor Vehicles be 
notified with reference to making any tax settlement thereunder for which 
the organization may have been liable prior to the date of merging with 
the Associated Transport, Inc. 

This 30th day of June, 1943. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 

Docket No. 2936. 



APPLICATION OF STALLINGS TRANSFER SERVICE TO OPERATE 
AS MOTOR VEHICLE CARRIER OF FREIGHT FROM ROCKY 
MOUNT TO ZEBULON VIA N. C. 95; SPRING HOPE TO RA- 
LEIGH VIA U. S. 64 TO JUNCTION WITH N. C. 98; THENCE N. C. 
98 VIAJBUNN TO INTERSECTION WITH N. C. 59; THENCE VIA 
N. C. 59 TO RALEIGH (WITH CLOSED DOORS ON N. C. 59); 
NASHVILLE TO CASTALIA VIA NO. 58; ROCKY MOUNT TO 
RED OAK VIA NO. 43. 

Order of Dismissal 

This case was filed, set for hearing and postponement requested by the 
applicant. Applicant now requests that same be withdrawn. 
Therefore, It Is So Ordered, and the case is closed. 
This 18th day of November, 1942. 
By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2036. 



APPLICATION OF RUSSELL STALLINGS, JOHN L. BARBEE AND 
N. H. STALLINGS, TRADING AS STALLINGS TRANSFER SERV- 
ICE, TO TRANSPORT PROPERTY (a) BETWEEN ROCKY MOUNT 
AND WILLIAMSTON OVER U. S. HIGHWAY 64, WITH CLOSED 
DOORS AT ALL POINTS EAST OF ROCKY MOUNT, INCLUDING 
WILLIAMSTON; (b) FROM WILLIAMSTON TO ELIZABETH CITY 
OVER U. S. HIGHWAY 17. 

Order 

On August 25, 1943, the above-named applicants applied to the Com- 
mission for motor vehicle franchise rights to transport property over the 
highways and between the points described above, subject to the restric- 



Decisions and Adjustments of Complaints 375 

tions appearing in the caption as to rights between Rocky Mount and 
Williamston. 

It appearing to the Commission that an urgent demand and need exist 
for the proposed operation, particularly for the transportation of freight 
.moving through Raleigh and Rocky Mount to the Edenton, Hertford and 
Elizabeth City areas, said freight being for contractors engaged in con- 
struction work for the Federal Government and necessary in support of 
the war effort; and it further appearing to the Commission that shipments 
moving through Raleigh and Rocky Mount into the said areas are now 
being unduly delayed by failure of existing and connecting carriers to 
provide suitable schedules and exchange facilities and that some tem- 
porary authority should be granted pending the hearing of the applica- 
tion, it is, therefore, 

Ordered: (1) That the applicants, Russell Stallings, John L. Barbee 
and N. H. Stallings, trading as Stallings Transfer Service, be, and they 
are hereby, granted temporary authority to perform the transportation 
service described in the application, pending a formal hearing thereof by 
the Commission, said temporary authority to terminate at the will of the 
Commission and to automatically expire on December 15, 1943. 

(2) That the rights herein granted over U. S. Highway 17 shall not 
include the right to pick up or deliver freight at Windsor except upon 
further order of the Commission. 

(3) That the Commission having acted upon the application upon the ex 
parte representations of the applicants as to the urgent public demand 
and necessity for the proposed service, the temporary rights herein granted 
shall be held and exercised by the applicants without prejudice to the 
rights of existing carriers and the business transacted under said tem- 
porary rights shall not be considered as a basis for granting the applica- 
tion upon the formal hearing thereof. 

This the 7th day of September, 1943. 

Stanley Winborne, Chairman 



Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



By Order of the Commission. 

R. 0. Self, Chief Clerk. 
Docket No. 2966. 



STALLINGS TRANSFER SERVICE, APPLICATION FOR A FRAN- 
CHISE CERTIFICATE TO OPERATE AS MOTOR VEHICLE CAR- 
RIER FROM WILLIAMSTON TO ELIZABETH CITY VIA U. S. 17. 

Order 

Whereas, the above application was filed with this Commission on 
August 25, 1943, the applicant contending that there was an urgent de- 
mand and need for the proposed operation, particularly for the trans- 
portation of freight moving through Raleigh and Rocky Mount to Eden- 
ton, Hertford and the Elizabeth City areas, said freight being for con- 
tractors engaged in construction work for the Federal Government and 
necessary in support of the war effort; the Commission on September 7, 



376 N. C. Utilities Commission 

1943, granted temporary authority to terminate at the will of the Com- 
mission and automatically expire on December 15, 1943. 

Thereafter the Commission set the application for hearing and final 
determination on Tuesday, November 23, 1943, from which date it was 
postponed to Thursday, December 9, at 11 A. M., but after such notices 
for hearing were sent out to parties of interest, Stallings Transfer Service 
made a lease and sale agreement with the Carolina Transportation Com- 
pany, and attorneys for parties of interest have agreed that the tempo- 
rary authority originally granted by the Commission in order dated Sep- 
tember 7 be extended for a period of sixty days from December 15, 1943; 
therefore, it is 

Ordered, that the said temporary authority dated September 7, 1943, 
be amended by striking out at the end of paragraph 3 the words and 
figures "December 15, 1943," and inserting in lieu thereof the words "Feb- 
ruary 15, 1943," and it is 

Further Ordered, that the hearing date be postponed from December 
9 to February 1, at 10 o'clock A. M. in the office of the Commission in 
Raleigh. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



This 4th day of December, 1943. 



By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Docket No. 2966. 



APPLICATION OF RUSSELL STALLINGS, JOHN L, BARBEE AND 
N. H. STALLINGS, TRADING AS STALLINGS TRANSFER SERV- 
ICE, TO OPERATE A TRUCK LINE SERVICE BETWEEN ROCKY 
MOUNT AND WILLIAMSTON OVER U. S. HIGHWAY NO. 64, 
WITH CLOSED DOORS AT ALL POINTS EAST OF ROCKY MOUNT 
INCLUDING WILLIAMSTON, THENCE FROM WILLIAMSTON TO 
ELIZABETH CITY OVER U. S. HIGHWAY NO. 17. 

Order Postponing Hearing and Extending Temporary Authority 

The Commission, on September 7, 1943, issued an order granting tem- 
porary authority in the above case to automatically expire December 15, 
1943, or to terminate earlier at the will of the Commission. Thereafter the 
Commission set the matter for hearing and extended the temporary au- 
thority for an additional period of sixty days, and for reasons over which 
the Commission has no control it now becomes necessary to extend this 
authority further; therefore, it is 

Ordered, that said temporary authority be extended to May 1, 1944, 
unless terminated by the Commission at an earlier date; and it is 



Decisions and Adjustments of Complaints 377 

Further Ordered, that the hearing now set for 10 A. M. on Tuesday, 
February 1, 1944, be postponed to 10 A. M. on Tuesday, March 7, 1944, 
to be heard in the office of the Commission in Raleigh. 

This 25th day of January, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 
Docket No. 2966. 



DOCKET NO. 2838— APPLICATION OF H. F. MOORE t/a SUBURBAN 
BUS LINE OF HIGH POINT TO OPERATE FROM INTERSECTION 
OF N. C. 301 NEAR HIGH POINT OVER N. C. 68 TO FRIENDSHIP, 
N. C; FROM FRIENDSHIP TO GUILFORD COLLEGE OVER U. S. 
421; THENCE FROM GUILFORD COLLEGE TO JAMESTOWN 
OVER UNNUMBERED HIGHWAY, AND FROM JAMESTOWN TO 
HIGH POINT OVER U. S. 70. 

DOCKET NO. 2849— APPLICATION OF CITY TRANSIT COMPANY 
OF HIGH POINT TO OPERATE FROM HIGH POINT OVER U. S. 
70 TO JAMESTOWN; THENCE OVER OAK DALE COTTON MILL 
ROAD ONE MILE TO THE OAK DALE MILL VILLAGE AND RE- 
TURN TO HIGH POINT OVER THE SAME ROUTE. 

DOCKET NO. 2876, APPLICATION OF COMMUNITY TRANSIT LINES 
OF WINSTON-SALEM, TO EXTEND 2594, OPERATING HIGH 
POINT, KIVETT DRIVE OAK DALE COTTON MILLS TO JAMES- 
TOWN, CROSSING HIGHWAY NO. 70 TO GUILFORD COLLEGE 
STATION, NO. 421— FIVE MILES. 

Order 
Appearances : 

For the Applicants: 

T. W. Albertson, High Point, N. C, for Suburban Bus Line. 
T. J. Gold, Jr., High Point, N. C, for City Transit Company. 
Gardner Hudson, Winston-Salem, N. C, for Community Transit 
Lines. 
For the Protestants: 

Arch T. Allen, Raleigh, N. C, and Byron Hayworth, High Point, 
N. C, for Carolina Coach Company. 

Hunter, Commissioner. The above applications involve operating rights 
over the same routes, some of which are now served by franchise car- 
riers and some of which are not. They also involve proper coordination 
of the transportation service of the respective applicants, all of whom 
perform a local transportation service in the same general area. 

The application in Docket No. 2849 was heard, in part, before the full 
Commission at Raleigh on February 25, 1943, and was concluded before 



378 N. C. Utilities Commission 

one member of the Commission at High Point on May 11, 1943, at which 
time and place the three applications herein were consolidated for hearing 
by mutual consent. 

Application of Suburban Bus Line, Docket No. 2838 

The applicant herein withdrew his request for operating rights over U. S. 
Highway No. 70 between High Point and Jamestown. There was no pro- 
test to that portion of his application over U. S. Highway No. 311 and 
State Highway No. 68 between High Point and Friendship. The route 
between Friendship and Guilford College Station over U. S. Highway No. 
421 is now served by both Community Transit Lines and Atlantic Grey- 
hound Corporation, and the application over this route was vigorously 
opposed by said carriers. The route over an unnumbered county road 
leading from Guilford College Station to Jamestown is also included in 
the application of Community Transit Lines, and was opposed by said 
carrier. 

The testimony tends to show a public demand and need for the proposed 
service between High Point and Friendship. State Highway No. 68 be- 
tween said points traverses a thickly settled section which has no public 
transportation service. The airport serving High Point, Greensboro and 
Winston-Salem is located at Friendship from which passengers travel 
to and from High Point over said highway, usually by taxicab and at 
considerable inconvenience and expense. The extent to which the general 
public is now using said airport was not disclosed by the testimony, but 
it does appear that the travel over said highway will justify the operating 
rights requested. 

It does not appear to be in the best public interest to grant the appli- 
cant operating rights over the other routes described in the application. 
Two carriers now operate between Friendship and Guilford College Sta- 
tion, and the evidence is not convincing that the service of another carrier 
is needed between said points. The testimony is convincing that additional 
routes should not terminate at Jamestown for the reason that most pas- 
sengers coming into Jamestown are destined for points beyond, and trans- 
portation facilities out of Jamestown, particularly for High Point, are 
now taxed to capacity. It also appears that the application of the Com- 
munity Transit Lines, which covers the same route between Guilford 
College Station and Jamestown, offers greater promise of service to the 
public by reason of its connecting routes to other points, including High 
Point, Greensboro and Winston-Salem. 

Application of City Transit Company, Docket No. 2849 

This application was supported by a large number of witnesses from 
all points along the proposed route whose testimony was to the effect that 
present transportation facilities between High Point and Jamestown are 
inadequate; that the buses of the Carolina Coach Company are loaded 
to capacity by through passengers, and cannot and do not adequately 
serve local needs between said points, and that employees working in plants 
at High Point and at plants along said route between High Point and 
Jamestown cannot depend upon existing transportation facilities because 
of the present unusual congestion incident to war conditions. It also ap- 



Decisions and Adjustments of Complaints 379 

pears from the testimony that Oak Dale Mill Village, a community of 
some 400 people located about one mile southeast of Jamestown, has no 
public transportation facilities. The proposed route is densely populated, 
and it appears from the testimony that public convenience and necessity 
exists for the local service proposed by this applicant. 

Application of Community Transit Lines, Docket No. 2876 

The applicant herein now operates out of High Point over Kivett Drive 
serving the section east of High Point and south of Jamestown, and also 
operates from Friendship to Greensboro serving the Guilford College sec- 
tion. Said applicant proposed to operate from its route on Kivett Drive 
to its route through Guilford College Station serving Oak Dale Mill Vil- 
lage, Jamestown and Guilford College. The application, if granted, will 
coordinate the applicant's transportation system, give the Oak Dale Mill 
Village and the Jamestown community transportation service north and 
south with connections to High Point and Greensboro. It will tend to re- 
lieve the overcrowded condition of the buses of Carolina Coach Company 
operating through Jamestown. 

The testimony offered supports a finding of public convenience and 
necessity for the proposed service. 

It Is, Therefore, Ordered: (1) That the application of H. F. Moore, 
trading as Suburban Bus Line, for motor vehicle franchise rights to trans- 
port passengers from High Point to Friendship over U. S. Highway No. 311 
and State Highway No. 68, and return, be and the same is hereby granted, 
but denied as to other routes described in the application. 

(2) That the application of K. Herman Fulk, trading as City Transit 
Company, for motor vehicle franchise rights to transport passengers from 
High Point to Jamestown over U. S. Highway No. 70, thence over an un- 
numbered county highway to Oak Dale Cotton Mill Village, and return, 
be and the same is hereby granted. 

(3) That the application of P. Gilmer and Mrs. P. Gilmer, trading as 
Community Transit Lines, for motor vehicle franchise rights to transport 
passengers over an unnumbered road leading from Kivett Drive through 
Oak Dale Mill Village and Jamestown to Guilford College Station, and 
return, be and the same is hereby granted. 

(4) That the applications herein having been heard by one member 
of the Commission, the rights granted to the respective applicants shall 
not be exercised until after the time allowed by law for filing exceptions, 
and should exceptions be filed, then only upon further orders of the Com- 
mission after hearing upon said exceptions, and in no event shall opera- 
tions begin until rates, schedules, equipment specifications and insurance 
shall have been filed with and approved by the Commission, as required 
by law. 



This 16th day of June, 1943. 



By Order of the Commission. 

R. O. Self, Chief Clerk. 
Dockets 2838, 2849 and 2876. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 



380 N. C. Utilities Commission 

DOCKET NO. 2838— APPLICATION OF H. P. MOORE t/a SUBUR- 
BAN BUS LINE OF HIGH POINT TO OPERATE FROM INTER- 
SECTION OF N. C. 301 NEAR HIGH POINT OVER N. C. 68 TO 
FRIENDSHIP, N. C; FROM FRIENDSHIP TO GUILFORD COL- 
LEGE OVER U. S. 421; THENCE FROM GUILFORD COLLEGE TO 
JAMESTOWN OVER UNNUMBERED HIGHWAY, AND FROM 
JAMESTOWN TO HIGH POINT OVER U. S. 70. 

DOCKET NO. 2849— APPLICATION OF CITY TRANSIT COMPANY 
OF HIGH POINT TO OPERATE FROM HIGH POINT OVER U. S. 
70 TO JAMESTOWN; THENCE OVER OAK DALE COTTON MILL 
ROAD ONE MILE TO THE OAK DALE COTTON MILL VILLAGE 
AND RETURN TO HIGH POINT OVER THE SAME ROUTE. 

DOCKET NO. 2876 — APPLICATION OF COMMUNITY TRANSIT 
LINES OF WINSTON-SALEM, TO EXTEND 2594, OPERATING 
HIGH POINT, KIVETT DRIVE, OAK DALE COTTON MILLS TO 
JAMESTOWN, CROSSING HIGHWAY NO. 70 TO GUILFORD COL- 
LEGE STATION, NO. 421— FIVE MILES. 

Order Overruling Exceptions 

The above entitled matters again coming before the Commission on ex- 
ceptions filed by the Carolina Coach Company through its attorneys, Arch 
T. Allen and Byron Hayworth, on June 28, 1943, to that part of the Com- 
mission's order granting franchises to the applicants in Dockets Nos. 
2849 and 2876 ; no exception having been taken to the granting of the 
franchise to H. F. Moore (Docket No. 2838) from High Point to Friend- 
ship over U. S. Highway No. 311 and State Highway No. 68 and return. 

After careful consideration of each and all of said exceptions and a re- 
examination of the records in the cases, each and all of said exceptions 
are hereby overruled, disallowed and denied. 

This the 19th day of November, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. O. Self, Chief Clerk. 
Dockets Nos. 2838, 2849 and 2876. 






Decisions and Adjustments of Complaints 381 

APPLICATION OF H. F. MOORE d/b/a SUBURBAN BUS LINES, 
ROUTE 2, HIGH POINT, N. C, FOR FRANCHISE CERTIFICATE 
TO TRANSPORT PASSENGERS FROM GREENSBORO OVER 
HIGH POINT ROAD U. S. 70 AND 29 TO GROOMTOWN ROAD; 
THENCE OVER GROOMTOWN ROAD TO FREEMAN MILL ROAD; 
THENCE OVER FREEMAN MILL ROAD TO PINECROFT ROAD; 
THENCE OVER PINECROFT ROAD TO HIGH POINT ROAD; 
THENCE OVER HIGH POINT ROAD TO GREENSBORO. 

Order 

Before Commissioner Johnson. 

Appearances : * 

For Applicant: 

R. R. King, Jr., attorney, Greensboro, N. C. 
For Protestants: None. 

Johnson, Commissioner. This cause arises upon the above application 
to operate as outlined in the caption, and came on for hearing on Septem- 
ber 29, 1944, in the Hearing Room of the Commission. 

In accordance with the evidence presented it appears that the applicant 
is financially qualified and willing to render the service applied for. The 
Commission finds that the applicant has been operating the routes applied 
for for approximately two years with the consent of the Carolina Coach 
Company for the operation over that portion of the route for which the 
Carolina Coach Company holds a franchise. The section to be served by 
this franchise is very thickly populated section adjacent to the City of 
Greensboro and the Commission finds that convenience and necessity has 
been shown. 

It Is, Therefore, Ordered, that the application of H. F. Moore, d/b/a 
Suburban Bus Lines, be granted and that certificate be issued when ap- 
plicant has complied with the rules and regulations of this Commission. 

This 29th day of September, 1944. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
Attest : 

R. 0. Self, Chief Clerk. 
Docket No. 2838-A. 



382 N. C. Utilities Commission 

APPLICATION OF TAYLOE & EVANS, INC., FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FOR 
TRANSPORTATION OF TOBACCO AND TOBACCO MANUFAC- 
TURER'S ACCESSORIES, COTTON AND PEANUTS, OVER IR- 
REGULAR ROUTES TO ALL POINTS AND PLACES IN NORTH 
CAROLINA. 

Order 

Before Commissioners Johnson and Hunter. 
Appearances : 

For Applicant: 

Merrill Evans, Ahoskie, N. C, for Tayloe & Evans, Inc. 
For Protestants: None. 

Johnson, Commissioner. Prior to the filing of the instant application 
the applicant had been for many years engaged as contract carrier in the 
transportation of commodities for which it is now asking for a franchise 
as common carrier. 

On the 30th day of July, 1941, this Commission issued a general order. 
Docket No. 2355, in effect notifying all carriers restricted to any class, 
kind, commodity or property over regular or irregular routes that, under 
the law, commodity or property over regular or irregula routes that, under 
the law, such restricted carriers, as well as other carriers, came within 
the jurisdiction and under the supervision of the Commission and that 
on and after the 15th day of August, 1941, such carriers would have to 
obtain a franchise, comply with the rules and regulations of and file tariffs 
with the Commission for its approval. The effective date for complying 
with this order was several times extended, although in the meantime 
several conferences were held with various restricted commodity carriers, 
and on the 29th day of September, 1941, the Commission issued another 
order specifically notifying the carriers of unmanufactured tobacco that 
applications for franchise must be filed with the Commission not later 
than December 1, 1941. As a result of these orders and conferences a 
great number of the tobacco carriers filed a uniform tariff with the Com- 
mission, received temporary permits and filed applications for franchises. 
Most of the carriers, in addition to asking for a franchise for tobacco* 
applied, as the applications show, for a franchise for other commodities. 

The movement of the commodities hereinbefore enumerated, are seasonal 
and different commodities move at different times of the year, thereby mak- 
ing it possible to use the same equipment for the movement of various 
commodities. For instance, tobacco in the late summer and early fall; 
peanuts in the late fall and early winter; and fertilizer in the spring, et 
cetera. It appears from the testimony that it would not be profitable for 
this carrier to be restricted to the movement of any single commodity. 

Testimony was offered at the hearing as to the need for these irregular 
route services, and after careful consideration the conclusion is reached 
that from the very nature of the operations involved it would be im- 
practicable and unworkable to restrict the operations of tobacco carriers 
to certain sections or territories of the State. Necessarily tobacco is a 
commodity requiring a one-line haul. It would not be feasible to require 



Decisions and Adjustments of Complaints 383 

the transfer from one truck line to another of tobacco in transit. For 
example, if a tobacco carrier had rights east of Raleigh only and another 
carrier had rights west of Raleigh only a shipment of tobacco purchased 
on the market in Farmville destined to Winston-Salem would have to be 
transferred from one carrier to another at Raleigh. Such an arrange- 
ment would not be at all satisfactory and cannot be followed. Therefore, 
it appears that each applicant in order to give proper service to the public 
must have the right to operate between all points and places where tobacco 
moves and that the proper way to protect a franchise carrier of tobacco 
from destructive competition is to limit the number of carriers rather 
than to circumscribe the territory wherein they may operate. 

There being testimony offered as to the need for the services for the 
commodities applied for in the instant application and no objection having 
been offered to the granting of franchise, the Commission finds as a fact 
public convenience and necessity has been shown by the applicant for a 
franchise to transport all of the commodities set out in the application. 

Wherefore, It Is Ordered, that upon compliance with the rules, regu- 
lations and requirements of this Commission a franchise certificate be 
issued to the applicant, Tayloe & Evans, Inc., to transport over irregular 
routes between all points and places within the State of North Carolina 
the commodities named in the application and set out in the caption above 
appearing in this order. 

This 20th day of September, 1943. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2946. 



C. O. PLOTT, TRADING AS TEXTILE BUS SERVICE, 711 NORTH 
MAIN STREET, MOORESVILLE, NORTH CAROLINA. 

Order 

The Commission has received and considered a Memorandum of Agree- 
ment between C. O. Plott and a number of citizens located in Iredell County, 
who are certified to by Mr. C. W. Gunter, Vice President and General 
Manager of the Mooresville Cotton Mills, stating that the parties signing 
the agreement with Mr. Plott are employees of the Mooresville Cotton 
Mills and the agreement between said employees of the Mooresville Cotton 
Mills and the said C. 0. Plott is to the effect that Mr. Plott will furnish 
the employees transportation to and from their homes at a fixed price 
named in the agreement. It appears that the proposed operation of the 
said C. 0. Plott is bona fide and made in good faith. A copy of the said 
agreement is attached hereto and by this reference made a part hereof. 

The Commission is not passing upon, nor has it investigated the ability 
of Mr. Plott to render the service which he contracts to give, but it is 
assumed that the Mooresville Cotton Mills and the individuals affected 



384 N. C. Utilities Commission 

have no doubt of Mr. Plott's ability to render the service at the rates named 
in the agreement, and therefore the Commission is taking the application 
at its face value and is assuming that Mr. Plott is fit, willing and able 
to render the service contracted for. 

At the beginning of the present war emergency, the Commission at- 
tempted to simplify the rules under which transportation may be rendered 
to employees to and from their work in all parts of the State and this 
appears to be in compliance with the Commission's decision at that time; 
therefore notice is being served upon the Motor Vehicle License Bureau 
that the Commission has classified Mr. Plott's operation as a contract car- 
rier, and that he is entitled to be licensed as such for the duration of the 
war and not to exceed six months thereafter, or until the termination of 
the contract entered into between the applicant in this case and the em- 
ployees contracted with the applicant. 

Mr. Plott will not be entitled to transport passengers other than those 
contracting with him on a commuter basis. 

This the 14th day of April, 1944. 

By Order of the Commission. 

Fred C. Hunter, Commissioner. 

Attest : 

R. O. Self, Chief Clerk. 

Docket No. 3104. 

THURSTON MOTOR LINES, APPLICATION FOR FRANCHISE CER- 
TIFICATE TO OPERATE AS MOTOR VEHICLE CARRIER FROM 
WILSON TO RALEIGH, VIA CLAYTON OVER N. C. NO. 42 WILSON 
TO CLAYTON; THENCE OVER NO. 70 TO RALEIGH. 

Order 

This cause comes before the Commission on the above application, and 
since it is presented in the evidence that the applicant has now purchased 
the Capital Coast Express which gives him the highway over which to 
operate for which he has made application in this docket, further action 
upon this application is not necessary; therefore, it is 

Ordered, that same be dismissed. 

This the 13th day of November, 1942. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner. 

By Order of the Commission. 
R. 0. Self, Chief Clerk. 

Docket No. 2130. 



Decisions and Adjustments of Complaints 385 

IN THE MATTER OF ROUTING RESTRICTIONS IN CONNECTION 
WITH THURSTON MOTOR LINES. 

Order of Suspension and Notice of Hearing 

It Appearing, that there has been filed with the Utilities Commission a 
tariff containing schedules stating new individual and joint regulations 
and practices affecting rates and charges, to become effective on the 14th 
day of December, 1942, designated as follows: 

Motor Carriers Traffic Association, R. S. Cooper, Agent. 

Supplement No. 1 to N.C.U.C. No. 15; 
It Is Ordered, that the Commission upon complaint, without formal 
pleading, enter upon a hearing concerning the lawfulness of the regula- 
tions and practices stated in the said schedule contained in said tariff, viz: 

Motor Carriers Traffic Association, R. S. Cooper, Agent. 

Supplement No. 1 to N.C.U.C. No. 15, Rule 18 on page 2 thereof, 

captioned, "Application of Rates via Thurston Motor Lines, Wilson, 
N. C." 
It Further Appearing, that said schedule makes certain changes that 
result in increased charges for the transportation of freight via the Thurs- 
ton Motor Line in intrastate commerce and the rights and interests of the 
public appearing to be injuriously affected thereby, and it being the opinion 
of the Commission that the effective date of the said schedule contained 
in said tariff should be postponed pending said hearing and decision 
thereon ; 

It. Is Further Ordered, that the operation of the said schedule con- 
tained in said tariff be suspended, and that the use of the regulations 
and practices therein stated be deferred until the 15th day of March, 1943, 
unless otherwise ordered by the Commission, and no change shall be made 
in such regulations and practices during the said period of suspension un- 
less authorized by the Commission. 

It Is Further Ordered, that if this proceeding is not concluded and 
final order made prior to the date to which suspended in the next above 
ordering paragraph, the operation of the schedule contained in the said 
tariff which on that date has not been affected by vacating orders or which 
has not been cancelled under authority of this Commission, be further 
suspended and that the regulations and practices so suspended be further 
deferred until the 14th day of June, 1943, unless otherwise ordered by the 
Commission, and no changes shall be made in the regulations and practices 
so suspended unless authorized by the Commission. 

It Is Further Ordered, that the regulations and practices thereby 
sought to be altered shall not be changed by any subsequent tariff or 
schedule until this investigation and suspension proceeding has been dis- 
posed of or until the period of suspension and any extension thereof has 
expired, unless authorized by special permission of the Commission. 

It Is Further Ordered, that a copy of this order be filed with said 
schedule in the office of the Commission and that copies hereof be forthwith 
served upon the carriers parties to said schedule and upon Motor Carriers 
Traffic Association, Agent R. S. Cooper, and that said carriers parties to 
said schedule be, and they are hereby, made respondents to this proceed- 



386 N. C. Utilities Commission 

ing, and that they be duly notified of the time and place of the hearing 
above ordered, and 

It Is Further Ordered, that the above entitled matter is set for hearing 
at 10:00 o'clock A. M. on the 12th day of January, 1943, at the Commis- 
sion's Hearing Room in Raleigh, North Carolina. 

This 12th day of December, 1942. 

By Order of the Commission. 

R. O. Self, Chief Clerk. 

Docket No. 2824. 

INVESTIGATION AND SUSPENSION DOCKET 
H. S. No. 2824 

BEFORE THE UTILITIES COMMISSION, IN THE MATTER OF 
ROUTING RESTRICTIONS IN CONNECTION WITH THURSTON 
MOTOR LINES. 

Order 

Proposed tariff rule to restrict application of through joint rates to the 
single line route of Thurston Motor Lines, found not justified. Suspended 
schedule ordered cancelled, and proceeding discontinued. 
Motor Carrier over the road and terminal operations to be investigated 
for the purpose of promoting the public interest by eliminating inef- 
ficiencies or wasteful practices which may be found to exist. 
For Respondent: 

U. S. Mclntyre, for Thurston Motor Lines. 
For Protestants: 

Chas. H. Fredrickson, for Fredrickson Motor Express Corporation, 

and Miller Motor Express. 
Jack Williams, for Stallings Transfer Service. 

W. S. Creighton, for Charlotte Shippers and Manufacturers Associ- 
ation and North Carolina Traffic League. 
Chas. W. Strickland, for Proximity Manufacturing Co., Cone Export 
and Commission Co., and Greensboro Chamber of Commerce. 
By schedule filed to become effective December 14, 1942, respondent, 
D. J. Thurston, Jr., doing business as Thurston Motor Lines, proposed to 
establish the following rule: 

"The rates published in this tariff from and to points located on 
Thurston Motor Lines will, as to traffic moving in connection with 
Thurston Motor Lines, apply only via Thurston Motor Lines direct." 
The proposed rule is published in Supplement No. 1, to N.C.U.C. No. 15. 
That tariff, with minor exceptions, contains the local and joint rate sched- 
ules, rules, and regulations, of the thirty-six motor carriers certificated 
to engage in intrastate commerce. Several of these carriers operate over 
routes which cross or parallel respondent's route at many of the more 
important cities and towns. Upon protest of individuals and shipper or- 
ganizations the proposed rule was suspended and the matter came on for 
hearing at the Commission's Courtroom in Raleigh on January 12, 1943, 
at 10:00 o'clock A. M., with the foregoing noted appearances. 

Respondent's Exhibit No. 1, is a statement showing eight cities or towns 
of varying commercial importance and the direct highway distance between 



Decisions and Adjustments of Complaints 387 

said points on the one hand and Raleigh and Wilson on the other, as well 
as the highway distance indirectly by Wilson. The rates, based on railroad 
mileage, classes 1 through 7, are also shown. Routing of traffic between 
four of the points on the one hand, viz., Goldsboro, Mount Olive, Selma, 
and Smithfield, and Raleigh on the other, would be controlled by Thurston 
Motor Lines, under the proposed rule. With respect to traffic moving to or 
from Durham and the foregoing points only the Town of Mount Olive is 
local to Thurston, the other three towns are served by Colonial Motor 
Freight Line, Inc., and it appears that by reason of certificate restrictions, 
service could not be offered by that carrier between Raleigh and points 
east thereof located on its own route or on the route of other carriers, 
even though such traffic were to be hauled west of Raleigh by Colonial 
and interchanged with other carriers, several of which maintain service 
into the other four points shown on the exhibit, viz., Dunn, Erwin, Fayette- 
ville, and Wilmington. These latter towns and numerous others served 
by Thurston are also served by one or more additional franchised carriers 
and to such common points, the proposed rule would not control the rout- 
ing. It may be stated that the rule would result in circuity of movement, 
additional terminal handling, and the increase in the number of inter- 
lines, all of which contributes to wasteful transportation. Under the rule 
as proposed, traffic from or to Raleigh and many other common points 
served by Thurston could be solicited by representatives of other lines, 
during the existence of either normal or abnormal economic conditions, 
and such carriers under existing tariff provisions are not in a position of 
refusal. 

While the record does not clearly so state, it seems reasonable to assume 
that interline and local traffic of an intrastate character moving from 
Raleigh to Smithfield and other points intermediate to Wilson over Thurs- 
ton's route does not move into Wilson for a back-haul to destination. Ex- 
hibit No. 2 is a statement showing the class rates, 1 through 7, and the 
rail distance between Raleigh and Wilson on the one hand and on the other 
a group of twenty-one points in Eastern North Carolina, which with the 
exception of Potecasi and Newport are served by Thurston. This exhibit 
also shows the proportion of the rates in cents per 100 pounds which ac- 
crues to Thurston on interline traffic between Raleigh and said points inter- 
changed at Wilson. Of the entire group of nineteen points, only four are 
served exclusively by Thurston, these are: Farmville, Pinetops, Tarboro 
and Wallace. Three additional points, Goldsboro, Kinston and Selma are 
served jointly by Colonial and Thurston and the former may handle traf- 
fic to and from those places only when it originates or terminates west of 
Raleigh. Therefore, on traffic to or from Raleigh and twelve of the points, 
including such towns as Wilmington, Fayetteville, New Bern, etc., the 
rule would not necessarily hold the traffic to the proponent's single line 
route. 

The rate of 36 cents per 100 pounds, class 1, and the corresponding- 
lower classes for the initial distance in the motor carrier scale for ten 
miles are shown on the exhibit just beneath the rates from Wilson and 
Raleigh for various distances. The Motor Carrier Scale, although not 
identical with the railroad scale as to level, is patterned in general after 
the latter. The railorad scale of class rates was promulgated for both 



388 N. C. Utilities Commission 

single and joint line application, its prescription by the Interstate Com- 
merce Commission in 1928, after an exhaustive investigation, extending 
over a period of years, represents a milestone of progress in rate making 
methods and a tendency away from the outmoded system of combining 
local rates, after making substantial deductions from each factor. The 
North Carolina deduction of 25 per cent from each local rate was required 
by Statute. In recent years many special commodity dual scales have 
been replaced by one scale for both single and joint line application. 

The following observations are quoted from I.C.C., Docket No. 13494, 
Southern Class Rate Investigation, as cited: 

". . . It is pointed out that we made the distance scale prescribed 
somewhat higher than it would have been if designed for single line 
application only." 113, I.C.C. 202, 203. 

"As we see it, no sound reason exists, at least in the case of class rates, 
for departing from this principle in the computation of distances by 
making distinctions, of necessity largely arbitrary, between single-line 
and joint-line routes . . . nor will the carriers have any just cause of 
complaint if the distance scale is made high enough to compensate fairly 
for its general application to routes of varying efficiency and for the 
measurement of distances in all cases by short line routes." 113, I.C.C, 
205. 

The initial mileage block of 10 miles in the current Motor Carrier rate 
scale includes terminal costs, and in dividing through joint rates the 
originating and terminating carriers are compensated pro-rata as to such 
costs and as to the transportation, or over the road haul, they are com- 
pensated in proportion to the length of the rate making distance to and 
from the point of interchange as it may vary in relation to irregular 
progression of the line haul factor of the rate. 

At the first precise 50-mile point in the scale the factor used in arriving 
at per cents in dividing joint haul revenue is 57 cents, for the succeeding 
precise distances of 100, 150 and 200 miles the scale rates are 77, 92 and 
103 cents respectively. Regardless of whatever constant amount is selected 
to represent terminal expense, and deducted from the total factor, whether 
it is 20 cents or 20.64 cents as shown for the month of August, 1942, on 
Exhibit No. 3, or 18.43 cents as set out in Exhibit No. 4, the scale increment 
for the second distance of 50 miles over the first is 20 cents, for the third 
over the second it is 15 cents, for the fourth over the third it is 11 cents. 

Exhibit No. 3 does not show whether the revenue of 43.70 cents per 100 
pounds for all distances for the period of June through December, 1942, 
and the revenue for the month of September, 1942, of 44.27 cents per 100 
pounds, moving from Wilson, was handled as single line hauls on a scale 
of rates designed for both single and joint line application, which fre- 
quently yields greater ton-mile revenue to one carrier for its participation 
in a joint haul than it would yield to the same carrier for transporting 
the shipment locally. Nor does the statement necessarily constitute a com- 
parison of similar circumstances or like conditions from which an excep- 
tional situation may be inferred. 

On traffic moving at class 6 rates, or 40 per cent of class 1, the ton-mile 
revenue between Raleigh and seven of the nineteen points reached by 
respondent, shown on Exhibit No. 4, is greater for the haul between said 
points and Wilson when interchanged there than it would be if carried 
through locally by respondent to or from Raleigh: 



Decisions and Adjustments of Complaints 389 

BETWEEN 
Raleigh Wilson 

Revenue Revenue 

6th Per 6th Per 

MILES Class Highway MILES Class Highway 

Rail- High- Rate Ton-Mile Rail- High- Prop'n. Ton-Mile 

AND road way (cents) (cents) road way (cents) (cents) 

Greenville 115 97 33 6.80 36 38 16 12.63 

Pinetops . - 95 75 31 8.27 41 19 15 15.79 

Roanoke Rapids _ 89 118 30 5.08 57 59 15 5.09 

Rocky Mount 69 77 26 6.75 16 18 11 12.21 

Tarboro 84 87 29 6.67 30 28 13 9.28 

Washington 126 US' 34 5.67 72 59 18 6.20 

Weldon _ 93 114 30 5.26 53 55 15 5.46 

The ton-mile revenue based on the relatively low freight classification 
of sixth class ranges from 3.36 cents for the Wilson-Wilmington portion 
of a joint haul to or from Raleigh and 4.79 cents for the through local 
distance, up to 15.79 cents for that part of a joint haul, Wilson-Pinetops, 
and 11.88 cents for the Raleigh-Selma local haul. The highway routes 
operated by respondent were used in ascertaining distances from which 
revenue per ton-mile was computed. Obviously, in many instances the 
short physical distance would produce higher revenue per ton-mile. Thus 
it may be seen that to and from the nineteen points exhibited, the least 
and greatest yield of revenue per ton-mile is from joint hauls. 

The average truck load weight is not disclosed by the record, but in view 
of the efforts by the Office of Defense Transportation, toward full vehicle 
utility, an estimate of five tons, does not appear to be an unreasonable 
assumption. On that basis, respondent's truck-mile earnings to or from 
Raleigh and Wilson on the one hand, and the nineteen points exhibited on 
the other, for handling relatively low classified tariff are within range 
of the following extreme figures: 

Ton-Mile Truck-Mile 

Cents Cents 

Joint-Line 3.36 16.80 

Single-Line 4.79 23.95 

Single-Line 11.88 59.40 

Joint-Line 15.79 78.95 

Protestant's Exhibit No. 23, a reproduction of respondent's operating 
results as reported to this Commission for 1940, shows truck-mile revenue 
of 24.8 cents per mile for that year. Exhibit No. 24, a statement of sta- 
tistics issued by the Interstate Commerce Commission shows revenue per 
truck and trailer mile for 94 class 1, (annual revenue of $100,000 or more) 
motor carriers in the Southern region of 21.2 cents for 1940, and 23.0 
cents for 1941. 

Documentary evidence tendered by protesting shippers includes a state- 
ment and map showing in detail the active and temporarily suspended 
routes over which we have issued authority to operate in intrastate com- 
merce. Respondent obtained such authority directly from us to serve the 
public as a common carrier of property by motor vehicle over a portion of 
the total route and with our approval acquired the remainder from other 
certificated carriers. The route extent to which respondent may engage 
in interstate transportation in this State is also included in the presen- 



390 N. C. Utilities Commission 

tation and substantial divergence will be noted as between the intra and 
interstate routes. 

Pertinent parts of General Order No. 3, the authenticity of which is 
unquestioned, issued by the Office of Defense Transportation, were intro- 
duced in evidence by protestants. This order, promulgated for the pur- 
pose of conserving motor equipment during the national emergency, pro- 
hibits acceptance or receipt of property by common carriers for trans- 
portation over any circuitous route, except when no adequate common car- 
rier service over a direct route is available, or except when the direct route 
is unsafe or unusuable or is more destructive to tires or motor trucks. 
The term "circuitous route" is denned to mean: ". . . any highway route 
or routes or combination thereof, the mileage of which exceeds the mileage 
of the most direct highway route by ten (10) per cent or more." 

Respondent's testimony stressed the movement of traffic from or to 
Raleigh and Wilson on the one hand and on the other a group of points 
in the eastern part of the State. The local routes involved in many in- 
stances exceed the foregoing circuity limitations and so long as O.D.T. 
Order No. 3, is in force, the rule proposed would be largely ineffective. 
The respondent is aware of that condition, but seeks approval of the rule 
in order to apply it when the present emergency has passed. 

The proposed rule as stated in the tariff, would perhaps upon becoming 
effective relieve respondent of its duty as a common carrier of transport- 
ing shipper routed traffic originating on another line at a common point, 
from the place of interchange to a local point of destination, or conversely 
traffic routed by a shipper willing to pay abnormal charges when inter- 
changed with another carrier from a local to a common point. To deter- 
mine this issue a conference of the parties was suggested after which 
respondent offered a clarifying amendment designed to remove what ap- 
peared as a limitation of service. The suggested modified rule served 
to clarify proponent's intentions but it did not result in withdrawal of 
the basic objections. 

Respondent's evidence was largely confined to a showing of results to 
be anticipated from operation of the rule under normal conditions in con- 
nection with traffic between Raleigh and certain points east thereof, which 
points have heretofore been referred to. There is no present intention of 
demanding the long haul on interline traffic. A shipment from Hickory, 
Statesville, Salisbury, High Point, or other points located within a few 
miles of Thurston's route to local points near Fayetteville, Wilmington, 
Raleigh or Wilson, would be permitted to move great distances by other 
lines to the latter points for the short haul on to a local point at the 
through normal rate, whereas as illustrated by shipper protestant Exhibit 
No. 19, a shipment from Hope Mills, within six miles of Fayetteville, 
necessarily a joint haul to Clinton, would move at the normal level, and 
a local movement from Fayetteville to Clinton would be on the normal 
basis which is the same amount from both points, while jointly from 
Fayetteville there would be an increase in the class 1 rate of 40 cents per 
100 pounds. Shippers also introduced an exhibit consisting of twenty-five 
pages showing participation by Thurston in interstate rates from Nor- 
folk and Portsmouth, Va., on numerous commodities to many North Caro- 
lina points as represented by Durham, Greensboro, Winston-Salem and 



Decisions and Adjustments of Complaints 391 

Charlotte, which interstate rates are lower, distance considered, than the 
North Carolina intrastate rates on like commodities, however, after the 
exhibit was compiled the interstate rates were adjusted upward as a re- 
sult of conferences between representatives of shippers, the Office of 
Price Administration and Carriers in I.C.C. Docket I&S No. M-2030. 

On behalf of Miller Motor Express and Fredrickson Motor Express Cor- 
poration, witness Fredrickson expressed g